
Class LBl6%<? 

Book Jjl 



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PUBLIC SCHOOL LAWS 

CjOF the 

STATE OF ALABAMA, 

TOGETHER WITH 

FORMS FOR TEACHERS and OFFICERS, 

AND A REVISED LIST OF 

COUNTY AND CITY SUPERINTENDENTS. 



BY 

JOHN Gr. HAERIS, 

SUPERINTENDENT OF EDUCATION. 



MONTGOMERY, ALA.: 

Smith, Allred & Co., State Printers and Binders. 

1891. 



PUBLIC SCHOOL LAWS 



9d f 



STATE OF ALABAMA, 



TOGETHER WITH 



FORMS FOR TEACHERS AND OFFICERS, 



AND A REUSED LIST OF 



COUNTY SND CITY SUPERINTENDENTS. 



BY 

JOHN Or. HARRIS, 

SUPERINTENDENT OF EDUCATION. 



MONTGOMERY, ALA.: 
Smith, Allred & Co.. Printers and Book-Binders. 
1891. 



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IN EXCHANQK. 

VOV 94 1908 



Constitutional Provisions, 



STATE CONSTITUTION. 
Article XIII. 

EDUCATION. 

•Section 1. The General Assembly shall establish, orga- 
nize and maintain a system of public schools throughout the 
State for the equal benefit of the children thereof, between 
the ages of seven and twenty-one years ; but separate schools 
shall be provided for the children of citizens of African de- 
scent. 

Sec. 2. The principal of all funds arising from the sale 
or other dispositions of lands or other property, which has 
been or may hereafter be granted or entrusted to this State, 
or given by the United States, for educational purposes, shall 
be preserved inviolate and undiminished; and the income 
arising therefrom shall be faithfully applied to the specific 
objects of the original grants or appropriations. 

Sec. 3. All lands or other property given by individuals, 
or appropriated by the State for educational purposes, and 
all estates of deceased persons who die without leaving a 
will or heir, shall be faithfully applied to the maintenance 
of the public schools. 

Sec. 4. The General Assembly shall also provide for the 
levying and collection of annual poll tax, not to exceed one 
dollar and fifty cents on each poll, which shall be supplied 
to the support of the public schools in the counties in which 
it is levied and collected. 

Sec. 5. The income arising from the sixteenth section 
trust fund, the surplus revenue fund, until it is called for by 
the United States Government, and funds enumerated in 
sections three and four of this article, with such other mon- 



eys to be not less than two hundred thousand dollars per 
annum, as the General Assembly shall provide by taxation 
or otherwise, shall be applied to the support and maintenance 
of the public schools, and it shall be the duty of the General 
Assembly to increase, from time to time, the public school 
fund, as the condition of the treasury and the resources of 
the State will admit. 

Sec. 6. Not more than four per cent, of all moneys 
raised, or which may hereafter be appropriated for the sup- 
port of public schools shall be used or expended otherwise than 
for the payment of teachers employed in such schools; Provi- 
ded, That the General Assembly may, by a vote of two-thirds of 
each house, suspend the operation of this section. 

Sec. 7. The supervision of the public schools shall be 
vested in a Superintendent of Education, whose powers, 
duties, term of office and compensation shall be fixed by law. 
The Superintendent of Education shall be elected by the 
qualified voters of the State in such manner and at such time 
as shall be provided by law. 

Sec 8. No money raised for the support of the public 
schools of the State shall be appropriated to or used for 
the support of any sectarian or denominational school. 

Sec 9. She State University and the Agricultural and 
Mechanical College shall each be under the management 
and control of a Board of Trustees. The Board for the Uni- 
versity shall consist of two members from the congressional 
district in which the University is located, and one from 
each of the other congressional districts in the State. Said 
trustees shall be appointed by the Governor by and with the 
advice and consent of the Senate, and shall hold office for a 
term of six years, and until their successors shall be appoint- 
ed and qualified. After the first appointment each Board 
shall be divided into three classes as nearly equal as may 
be. The seats of the first class shall be vacated at the expi- 
ration of two years, and those in the second class in four 
years, and those in the third class at the end of six years, 
from the date of appointment, so that one-third may be 
chosen biennially. No trustee shall receive any pay or 
emolument other than his actual expenses incurred in the 



discharge of his duties as such. The Governor shall be ex- 
ofticio President, and the Superintendent of Education ex- 
officio a member of each of said Boards of Trustees. 

Sec. 10. The General Assembly shall have no power to 
change the location of the State University or the Agricul- 
tural and Mechanical College as now established by law, 
except upon a vote of two-thirds of the members of the Gen- 
eral Assembly, taken by yeas and nays, and entered upon 
the journals. 

Sec. 11. The provisions of this article, and of any act of 
the General Assembly passed in pursuance thereof, to estab- 
lish, organize and maintain a system of public schools 
throughout the State, shall apply to Mobile county only so 
far as to authorize and require the authorities designated by 
law to draw the portion of the funds to which said county will 
be entitled for school purposes, and to make reports to the Sup- 
erintendent of Education as may be prescribed by law. And 
all special incomes and powers of taxation as now # authorized 
by law for the benefit of public schools in said county, shall 
remain undisturbed until otherwise provided by the General 
Assembly; Provided, That separate schools for each race 
shall always be maintained by said school authorities. 



TITLK I. 

EDUCATION. 

Chapter 1. — Public school fund, 
2.— Officers. 
3. — Public schools. 

4. — Apportionment and disbursement of school funds. 
5. — School lands. 



CHAPTER I. 

PUBLIC SCHOOL FUND. 
[Sections correspond with numbers in Code of 1886.] 

§ 043. Appropriations for public schools. — For the main- 
tenance of a system of public schools throughout the State, 
the following sums of money are hereby appropriated for 
each scholastic year, towit : 

1. The annual interest at six per cent, on all sums of 
money which have heretofore been, or which may hereafter 
be received by the State, as the proceeds of sales of lands 
granted or entrusted by the United States to the State, or to 
the several townships thereof, for school purposes. 

2. The annual interest at four per cent, on that part of 
the surplus revenue of the United States, deposited with the 
State under the act of Congress approved June 23, 1836. 

3. All the annual rents, incomes and profits, or interests, 
arising from the proceeds of sales of all such lands as may 
hereatter be given by the United States, or by this State, or 
by individuals, for the support of the public schools of the 
State. 

4. All such sums as may accrue to the State as escheats ; 
the same to be applied to the support of the public schools 
during the scholastic year next succeeding their receipt in 
the State treasurv. 



5. The further sum of three hundred and fifty thousand 
dollars, from any money in the treasury not otherwise ap- 
propriated. 

6. The amount of poll-tax that may be collected in the 
State ; the poll-tax collected in each county to be retained 
therein for the support of the public schools thereof, and 
distributed and disbursed as provided in this title. 

7. All rents, incomes and profits received into the State 
treasury during the scholastic year from all lands heretofore 
donated by the Congress of the United States for the sup- 
port of the public schools, and remaining unsold, which 
shall be applied to the support of the public schools during 
the scholastic year next succeeding their receipt into the 
treasury. 

8. Licenses which are by law required to be paid into the 
school fund of any county; to be promptly paid by the 
judge of probate, or other person collecting the same, to the 
county superintendent of education, and to be expended for 
the benefit of the public schools in such county. 

§ 944. Whem appropriations accrue, and placed to credit 
of educational fund. — All such appropriations, except the 
poll-tax, shall accrue to the educational fund on the first 
day of October, in each year ; and on that day the State 
auditor shall place to the credit of that fund, on the books 
in his office, all such amounts as accrue thereto from the 
sources in this chapter mentioned j except the poll tax, for 
the scholastic year beginning on that day. 

[By act approved February 12, 1887, "'For the Protection 
of Dogs," and amended February 18, 1891, the owner of 
any dog may register the animal in the office of the judge of 
probate, paying therefor a registration fee of twenty-five 
cents and a tax of one dollar. The tax thus realized is ap- 
propriated to the use of the public schools of the county 
where collected. The, provisions of the act do not apply to 
the counties of Clay, Dale, Geneva, Elmore, Tallapoosa, 
Winston, Perry, Jackson, Morgan, Marshall, Fayette, Hale, 
Greene and Henrv. 



CHAPTER II. 



OFFICERS. 



Article 1. — General designation. 

2. — Superintendent of education. 
3. — County superintendents. 
4. — Township trustees. 

Article I. 

GENERAL DESIGNATION OF OFFICERS. 

§ 945. Officers f "or administration of public schools.. — For 
the administration and government of public schools in this 
State, there are the following officers : 

1. The superintendent of education. 

2. A county superintendent of education in each countj^. 

3. Three township trustees in each township. 



Article II. 

SUPERINTENDENT OF EDUCATION. 

§ 946. Commission, term of office, and salary — The Super- 
intendent of Education, after his election, shall be commis- 
sioned by the Governor, shall hold his office for the term of 
two years, and until his successor is elected and qualified, 
and shall receive a salary of two thousand two hundred and 
fifty dollars per annum, payable in monthly installments, on 
the last day ot each month. 

§ 947. Oath of office and bond. — Before entering upon the 
duties of his office, he shall take the oath of office prescribed 
by the constitution, and shall also give bond, with sureties 
to be approved by the Governor, in the sum of fifteen thou- 
sand dollars, conditioned faithfully to discharge the duties 
of his office so long as he shall remain therein, or perform 
any of the duties thereof ; and such bond shall be filed in 
the office of the Secretary of State. 



9 

§ 948. Office and books, papers and records. — He shall 
have an office at the capitol of the State, where the bonds, 
papers and records of his office shall be kept, and where he 
shall give attendance when not absent on official business ; 
and it shall be the privilege of all persons interested to have 
access, at all proper hours, to the books, papers and records 
of the office. 

§ 949. Clerks and their salaries. — He is authorized to 
employ two suitable clerks for service in his office ; and 
such clerks shall be allowed an annual salary of fifteen hun- 
dred dollars each, to be paid as the salaries of other depart- 
ment clerks are paid. 

§ 950. Duties of superintendent of education. — The duties 
of the Superintendent of Education shall be as follows: 

1. He shall devote his time to the care and improvement 
•of the common schools, and the promotion of public educa- 
tion, and shall exercise a general supervision over all 
the educational interests of the State ; and to this 
end, he shall have power to require from the county 
superintendents of education, township trustees of public 
schools, and all other school officers, all such reports 
and information relating to the educational fund, or 
the condition of the schools and the management thereof, 
as he may deem important, or as may be • prescribed 
by law ; and he may remove from office any such officer for 
failure to make such report, give suchi information, or dis- 
charge any other official duty. 

2. He shall annually, as far as practicable, visit every 
county in the State for the purpose of inspecting the schools 
and their management, the accounts of county superinten- 
dents of education and other school officers, and for diffusing 
as widely as possible, by personal addresses and personal 
communication, information as to the importance of public 
schools and the best possible method for their management ; 
and he shall encourage and assist in organizing and con- 
ducting teachers' and superintendents' institutes. 

3. He shall make provision for instructing all pupils in 
all schools and colleges supported, in whole or in part 
by public money, or under State control, in hygiene and 



10 

physiology, with special reference to the effects of alcoholic 
drinks, stimulants, and narcotics upon the human system. 

4. He shall annually apportion and distribute all money 
belonging to the educational fund, in such manner as may 
be prescribed by law, and shall see to the proper disburse- 
ment of the same ; and to this end, he shall, keep an accurate 
account with all officers who may be custodians or disbursers 
of the school fund, or any part thereof. 

[Hereafter it shall be the duty of the Superintendent of 
Education to apportion the public school fund to the various 
townships and school districts according to the entire num- 
ber of children of school age. — Section 1 of an Act to regu- 
late the apportionment of the school fund in this State by 
the Superintendent of Education approved, February 10th, 
1891.] 

5. He shall prepare all forms, and have printed and dis- 
tributed all such blanks as may be necessary, or as may be 
required by law, in the administration of the public school 
system, such printing and distribution to be done at as cheap 
a rate as possible, and to be paid fur out of the educational 
contingent fund. 

6. He shall furnish the county superintendents of educa- 
tion and other school officers all necessary books for keeping 
their accounts and records, to be paid for out of the educa- 
tional contingent fund, and to be and remain public property ; 
and he shall prescribe a uniform system of keeping such ac- 
counts and records. 

7. He shall take receipts for all such books so furnished 
by him to school officers, and such officers shall take good 
care thereof, and turn them over to their successors in 
office. 

8. He shall keep a debtor and creditor account with each 
township or other school district, in the State, of all funds 
accruing thereto for educational purposes. 

9. He shall keep an accurate account of the capital of all 
sixteenth section or other trust funds, to which each township 
or school district may be entitled, showing whence and when 
such funds were derived. 



11 

10. He shall preserve in his office all bonds of school offi- 
cers and others required to be filed therein. 

11. He shall cause suits to be instituted and prosecuted 
against all defaulters to the educational fund, and for this 
purpose may employ attorneys; but he shall not have pow- 
er to contract to pay such attorneys out of the educational 
fund more than ten per centum of the amount recovered by 
them in such suits; and out of such fund he may pay such* 
lawful costs as may be taxed against him as superintendent 
of education, in case he is cast in any of such suits. 

12. He shall require and supervise the collection of all 
poll taxes. 

13. He shall, by correspondence, exchange of official re- 
ports, and other proper means, elicit information relative to 
the system of public education in other State and countries, 
and disseminate all useful knowledge regarding the same 
among the county superintendents and other school officers 
in the State. 

14. He shall collect in his office such school books, ap- 
paratus, maps, charts, and specimens of improved school 
furniture as can be obtained without expense to the State. 

3 5. He shall prepare and have printed, in pamphlet form 
by the public printer, all laws, rules and regulations per- 
taining to the public school system of the State, and cause 
the same to be distributed among the county superinten- 
dents of education, and other officers connected with the 
school system, for the information of those interested in the 
educational interests of the State. 

16. He shall perform such other duties as are, or may be 
prescribed by law. 

[CONGRESSIONAL INSTITUTES. 

An Act 

To provide for holding a teachers institute for a period of 
not less than one week in each of the congressional dis- 
tricts of the State. 

§ 1. It shall be the duty of the State Superintendent of 



12 

Education to hold, or to have held" within the bounds of 
each congressional district of this State, one or more teachers 
institutes, to be conducted by a teacher, experienced in and 
familiar with, the most improved methods of instructions, 
for a term of one week or more during the summer months. 

§ 2. For the purpose of carrying out the provisions of 
this act, the Superintendent of Education may, from time to 
time, certify to the auditor the amount necessary to defray the 
expenses of employing teachers to conduct and instruct the 
teachers who attend these institutes, and upon such certifi- 
cate it shall be the duty of the Auditor co draw his warrant 
upon the Treasurer for such sum or sums in favor of the 
Superintendent of Education as may remain unappor- 
tioned and unexpended in the State treasury at the time; 
Provided, that such sum shall not exceed five hundred dol- 
lars in any one year; And provided further, that such sum 
shall not exceed the amount apportioned and paid for such 
purposes by the trustees of the Peabody Education Fund, 
in any one year. 

§ 3. It shall be the duty of the Superintendent of Educa- 
tion to disburse said money so as to secure the greatest good 
to the largest number of teachers in the common schools, 
and to take vouchers therefor, to be kept on file in his office, 
and to make an itemized statement in his annual report as 
to how and to whom said money has been disbursed. 

Approved February 28, 1887.] 

§ 951. Report to governor; contents. — He shall also an- 
nually, on or before the 10th day of October, report to the 
Governor in writing, — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from the 
county superintendents of education, exhibiting the condi- 
tion of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement, showing how the contingent 
fund of his department, and all other special funds or appro 
priations under his control have been disposed of. 

5. Such recommendations as he may desire to make for 



13 

the improvement of the school system, and the care and In- 
crease of the educational fund. 

6. All such other matters relating to his office and to the 
public schools, as he shall deem expedient to communicate. 

§ 952. Report to be printed and distributed. — The Gov- 
ernor shall, when such report is laid before him, direct the 
Superintendent of Education to have printed in the same 
manner, and upon the same conditions as other printing is 
done, during the recess of the General Assembly, a sufficient 
number of copies of the report to supply the county super- 
intendents, and township trustees of public schools, and 
other school officers, and for the usual exchange with 
other States, and with the leading cities of the United States ; 
and it shall be the duty of the Superintendent oi Education 
to distribute the same as indicated in this section. 

§ 953. Vacancy filled by governor: term, etc., of appointee. 
If the office of Superintendent of Education should, at any 
time, become vacant by death, resignation, or otherwise, the 
Governor shall appoint a suitable person to fill such office 
for the unexpired term; and such appointee shall give bond 
and qualify in the same manner as if he had been elected 
for a full term. 



Article III. 

COUNTY SUPERINTENDENT OF EDUCATION. 

§ 954. One appointed for each county. — Unless by special 
act it is otherwise provided, a county superintendent for each 
county in the State shall be appointed by the Superintend- 
ent of Education. 

Note. — County superintendents, by act of the legislature, 1888-9, are 
elected in August of even years and go into office the following October, 
except in the following counties, in which they are appointed: Autauga, 
Barbour, Chambers, Dallas, Greene, Hale, Jefferson, Lowndes, Macon, 
Madison, Montgomery, Mobile, Perry, Pickens, Randolph, Sumter, Talla- 
dega, Washington, Wilcox, Choctaw and Cleburne. In case of a vacancy 
in the office in any of the excepted counties, the vacancy is filled by the 
Superintendent of Education. 



14 

§ 955. Terms of office. — The terms of office of county 
superintendents of education, unless otherwise provided, 
shall commence on the first day of October of each odd year, 
and shall be for two years and until their successors shall 
qualify; but the Superintendent of Education may, at any 
time, for good cause shown, remove from office any county 
superintendent of education. 

§ 596. Oath of office and bond. — Every county superin- 
tendent of education, before entering upon the duties of his 
office, must take the oath of office prescribed by the consti- 
tution, and give bond in an amount to be fixed by the Sup- 
erintendent of Education, but in no case to be less than 
double the probable amount of money that may be in his 
hands at any one time, with good and sufficient sureties, and 
payable and conditioned as official bonds of other public offi- 
cers. 

§ 957. Approval and record of bond. — Such bond must 
be approved by, and, with the oath of office, must be filed 
and recorded in the office oi the judge probate of the county; 
and a certified copy of the bond must also be filed in the office 
of the Superintendent of Education for his approval. 

§ 958. New or additional bond ; effect of notice to give. — 
The Superintendent of Education shall require of any county 
Superintendent of Education a new or additional bond, in the 
same, or a different amount, as that of the original bond, 
whenever he shall find it necessary for the protection of the 
educational fund of the county; and no county superinten- 
of education, after receiving notice to give such new or ad- 
ditional bond, shall continue in the discharge of the duties 
of his office until such new or additional bond is given. 

§ 959. Compensation. — Each county superintendent of 
education shall receive for his services seventy-five dollars 
per annum, and two per cent, upon the amount of all the 
educational funds legally disbursed by him; but neither 
such salary or per-centum must be taken or used by him 
until after the disbursements have been made, and the credits 
allowed by the Superintendent of Education. 

Note. — In Lowndes, Franklin, Madison and Perry, Ihe compensation 
lias been increased by special act of legislature. In Jefferson he is paid 
sixty-five dollars per month, besides his State salary and commissions, out of 
countv funds. 



15 

§ 960. His duties. — The duties of each county superin- 
tendent of education shall be as follows : 

1. He shall have an office at the county site of his county, 
where he must, on the first Saturday ot each month from 
the beginning of the scholastic year, until the close of the 
public schools for that year, be present to transact business 
with the officers and teachers of public schools. 

2. He must receive and take charge of any money, funds, 
property, or proceeds of any character, raised in his county 
by county taxation, or which may accrue to him ot to the 
county from any gift, grant, bequest, devise, endowment, or 
otherwise, to be used in aid of, or in connection with money 
apportioned to his county from the educational fund, and 
shall faithfully keep the same, separate and apart from any 
other funds or property whatsoever; and he shall apportion 
distribute and pay out all money raised in accordance with 
this subdivision; but all money raised hj local taxation in 
any school district or incorporated city or town, shall be ex- 
pended for the benefit of the district, city, or town in which 
the money is raised, and by such persons and in such manner 
as are authorized by the laws of force for the control and 
government of public schools in such district, city, or town. 

3. [Made county superintendents custodian of educational 
fund. Law now requires this fund to be deposited in the 
State Treasury.] 

4. He shall examine into the condition of all school funds 
of his county, including the sixteenth section fund, and six- 
teenth section lands unsold in this county ; and he is author- 
ized and required, in the name of the State for the use of the 
township, to bring all necessary suits for the recovery 
of the possession of such lands, or against trespassers there- 
on. 

5. He shall as soon as he receives the annual apportion- 
ment of the educational fund to this county, forthwith notify 
the trustees of each township or school district of the amount 
apportioned to the township or district. 

6. He shall enter in a book or books, kept for that pur- 
pose, the exact amount and date of all moneys received and 
paid out by him on account of the educational fund of his 



16 

county, showing by whom or to whom paid, and for what 
purpose, and also the amount of the educational fund appro- 
priated to, and distributed in each township for each race; 
and such book or books shall be open for the inspection ol 
all persons interested. 

7. He shall, on or before the first day of November of 
each year, forward to the Superintendent of Education, on 
blanks to be furnished him by the latter, an annual report of 
the public schools of his county tor the preceding year, 
which shall set forth (1) the amount of school money received 
by him from all sources to the end of the year, specifying 
how much was received from each source ; (2) how much has 
been disbursed by him during such year, for what purpose 
and the names of teachers to whom money has been paid, 
the time they taught, and the total amount paid to each 
teacher, specifying how much was paid for teaching schools 
for the white race, and how much for the colored race; (3) 
the amount of funds then in hand for each race in each town- 
ship, or other school district in his county ; and (4) the 
manner in which, and the extent to which he has dis- 
charged the duties required by law to be performed by 
him. 

8. He shall semi-annually, on the first days of April and 
October, make under oath, and post at the court-house of 
his county, an itemized statement of, all moneys received and 
disbursed by him during the scholastic year, and showing 
the balance on hand. 

9. He shall remove from office any township trustee 
when the interest of public education demands such removal, 
and shall fill all vacancies occasioned by removal from office 
or otherwise. 

10. He must quarterly, on the first Saturdays in January, 
April, July and October of each year, or as soon thereafter 
as practicable, pay the teachers of the public schools, upon 
the certrficate of the trustees of the township in which the 
school was taught ; and in counties in which separate districts 
have been established by special laws, he shall pay over to 
the officers authorized to receive the same their proportionate 



1? 

share of the school revenues at the times above desig- 
nated. 

§ 981. Report delivered to judge of probate ; duty to com- 
misioners as to. — Each county superintendent of education 
shall also deliver a duplicate of his annual report to the judge 
of probate of his county, who shall lay the same before the 
commissioners' court, or board of revenue, at its first regular 
meeting thereafter, and if it is found apparently correct, an 
order shall be made for its record on the minutes ; but if it is 
not found apparently correct, the court or board shall so re- 
port to the Superintendent of Education, who shall at once 
make an investigation of the accounts of such county super- 
intendent. 

§ 962. Commissioners to audit accounts and count money. 
It shall also be the duty of the commissioners court, or 
board of revenue, at its regular meetings in April and No- 
vember of each year, and it may do so at any other regular 
meeting, to require the county superintendent of education 
to bring before it his accounts and vouchers up to that time, 
and the money then on hand ; and such court or board shall 
forthwith audit such accounts and vouchers, and count the 
money, and within ten days thereafter, make report of the 
same to the Superintendent of Education ; but nothing con- 
tained in this or the preceding section shall prevent the 
Superintendent of Education from examining into the ac- 
counts and vouchers of any county superintendent of educa- 
tion and counting the money on hand, either in person or 
by some duly authorized agent, at any time he may deem 
it advisable or necessary. 

§ 963. Forfeiture for failure to. make annual reports. — If 
any county superintendent shall wilfully fail to make out 
and forward to the Superintendent of Education any annual 
report required by this article, within ten days after the 
time it should be made, he shall be liable to a forfeiture of 
his pay and commissions, and to removal from office by the 
Superintendent of Education. 

§ 964. Vacancies, how filled; term,, etc., of appointees. 
The Superintendent of Education shall fill all vacancies in 
the office of county superintendent of education, by appoint- 



18 

ment ; and such appointee shall hold during the unexpired 
term, and until his successor is appointed and qualifies, and 
shall give bond and quality as is required of an appointee 
for a full term. 



Article IV. 



TOWNSHIP TRUSTEES. 



§ 965. By whom appointed; term of, and eligibility to office. 
Three township trustees for each township or other school 
district in each county who shall be freeholders and house- 
holders resident in said township or other school district,, 
shall be appointed by the county superintendent of educa- 
tion, subject to the approval of the Superintendent of Edu- 
cation, whose terms of office shall be for two years, and until 
their successors shall qualify, and whose terms shall com- 
mence on the first day of October of each odd year. 

[Sec. 2 of an act "To regulate the apportionment of the 
school fund in this Slate by the Superintendent of Educa- 
tion," approved February 10, 1891, is as follows: 

Sec. 2. In lieu of township superintendents the county 
superintendent shall appoint under this law three (3) town- 
ship trustees who shall be freeholders and householders res- 
ident in the township for which they are appointed.] 

Note. — Three trustees elected in August of odd years in Blount, Cher- 
okee, Colbert, Crenshaw, Cullman, Covington, Dale, Etowah, Fayette, 
Franklin, Jackson, Lawrence, Tallapoosa, Walker and Winston. 

§ 966. Establishment and supervision of schools. — The 
township trustees shall have the immediate supervision ot 
the public schools in their township, and shall have the 
power to establish, subject to the approval of the county 
superintendent of education, one or more schools of either 
race in such township, as the public necessity may require ; 
but not more than two schools shall be established for either 
race in any township in which the fund of such race does- 
not exceed fifty dollars. 



19 

§ 967. Meeting with parents and guardians and business 
to be transacted thereat.- — The trustees in each township shall 
annually, on the last Monday in October, or within seven 
days thereafter, call a meeting of the parents and guardians 
of the children of their district within the educational age ; 
and at such meeting they shall in consultation with such 
parents and guardians, and with a view to subserve their 
wishes, interests and convenience, transact the following 
business : 

1. They shall determine the number of schools which 
shall be established in their district for the current scholastic 
year, and shall designate the same by number. 

2. They shall fix the location of each school, the time of 
its opening, and the length of the session, which shall not, 
except as hereinafter provided, be less than twelve weeks. 

3. They shall when they establish the schools in their 
township as now provided by law, apportion to each 
school so established such an amount of the public school 
revenue apportioned to the township for the current scho- 
lastic year as they may deem just and equitable and for the 
equal benefit of the children thereof between the ages of 
seven and twenty-one years. They shall determine the 
number and what children shall be transferred and shall set 
apart such an amount of the money apportioned to their 
district to pay for such transferred children, as they may 
deem just and equitable. 

4. They shall determine the number, and what children 
shall be transferred from their district to the schools of 
other districts, and to what districts transferred, during the 
current scholastic year, and shall set apart an amount of the 
money apportioned to their district to pay for such trans- 
ferred children, which shall be in the proportion that the 
number so to be transferred bears to the whole number of 
children within the educational age in their district; and if 
it should be deemed impracticable to establish in their dis- 
trict a public school for the children of either race, on 
account of the want of a sufficient number of such race liv- 
ing within a reasonable distance, they shall determine 
whether anv of such children can be conveniently trans- 



20 

ferred to a public school in another district, and those that 
can not be transferred, and that have actually attended some 
school in this State for the time during which the public 
schools were kept open for the current scholastic year, shall 
be entitled to the benefits of the amount apportioned to their 
district ; and they shall determine the amount to which 
each of such children shall be entitled, and the same shall 
be paid by the county superintendent of education to the 
parent or guardian of such child, for which a receipt shall 
be taken as in case of payments to teachers. 

5. Such other business as may be necessary to carry out 
the provisions of the law. 

§ 968. Report after such meeting. — They shall, within 
ten days after such meeting, report to the county superin- 
tendent of education the number and location of the schools, 
the names of the teachers employed, and the amount of 
money apportioned to each school. 

§ 969. Notice and duration of meeting ; effect of failure 
to attend. — Such meeting shall be called by posting, ten % 
days previously thereto, written notices of the time and 
place of meeting, and of the business to be transacted 
thereat, in not less than three public places in the district ; 
and the township trustees shall have the power to continue 
the meeting from day to day until all the business has been 
transacted, and they may adjourn the same to a future day, 
not exceeding one week ; and if the parents and guardians 
fail to attend such meeting, the township trustees shall, in 
their absence, proceed to perform the duties required of 
them. 

§ 970. Appeal to county superintendent, whose decision is 
final. — An appeal may be taken from the decision and 
action of the township trustees, had and done at the time 
and place of such meeting, to the county superintendent of 
education, who shall notify the township trustees of the 
appeal, and shall appoint a day on which to hear and deter- 
mine the same, and whose decision shall be final. 

§ 971. When hut one school in township, hoiv located,' change 
of location — When but one school is established in a town- 
ship, it shall be so located, as to accommodate the largest 



21 

number of pupils, and to encourage the building of a per- 
manent school-house as near the centre of the township as 
possible, whenever it can be done without material injury 
or inconvenience to the children within the educational age ; 
but such location may be changed by the township trustees 
from year to year, in order to provide for those who were 
not in reach of the school in previous years ; and in the 
location of public schools, township trustees must have ref- 
erence to the population and neighborhood, paying due 
regard to any school- house already built, or site procured, 
as well as to all other circumstances proper to be consid- 
ered, so as to promote the interests of free public education. 

§ 972. To xohat regard must be had in locating schools- 
and employing teachers. — In locating public schools, and 
employing teachers, township trustees shall have due regard 
to such communities, as will supplement the district fund, 
and to such teachers as will procure and teach the greatest 
number of pupils within the educational age ; the object of 
this section being to encourage the building up and main- 
taining of large schools, which shall continue the longest 
term practicable; but in no case shall such communities- 
and citizens, as are unable or unwilling to supplement the 
district fund, be deprived of the benefit of the public schools. 

§ 974. Employing teachers and opening schools; rules in 
reference to. — The township trustees shall, in no case, con- 
tract with teachers, or open schools until they have defi- 
nitely determined the number and location of the schools 
in their district, and the amount of money each school shall 
receive from the amount apportioned to their district; ncr 
shall they contract for a school of less than three scholastic 
months, or less than ten pupils within the educational age T 
if there are more than that number of each race within such 
age, or more than fifty pupils to each teacher. 

§ 975. Execution of contracts with teachers ; contract ^ or 
transferred pupils. — All contracts with teachers shall be in 
writing, and shall specify the amount to be paid per month 
from the district fund, and shall be executed in duplicate, 
one of which shall be filed with the county superintendent 
of education for his approval within ten days after it has. 



22 

been signed; and no such contract shall be valid without 
his approval; and the township trustees shall also, in 
like manner, contract with teachers for transferred pupils. 

§ 976. Visits to schools. — The township trustees shall 
visit the schools in their district at least once during each # 
scholastic year. 

§ 977. Removal of teachers; payment for time taught. — 
The township trustees may, for any cause sufficient in their 
judgment, terminate the contract of, and remove any teacher ; 
but such teacher shall be allowed pay for the time he taught 
according to the terms of his contract. 

§ !>78. Register of daily attendance r< quired of teachers. 
— The township trustees shall require the teachers of public 
schools to keep a register of the daily attendance of the 
pupils in the school taught by them, and to submit such regis- 
ter to them for their inspection. 

979. Enumeration of children; reports thereof. — The 
township trustees must, during the month of August of each 
odd year, make an enumeration of all the children, white 
and black, male and female, within the educational age, in 
their district and report the same, in duplicate, to the coun- 
ty superintendent of education by the first day of September 
following; and the county superintendent of education shall 
make to the Superintendent of Education a written report 
of the several enumerations made to him by the township trus- 
tees, by the fifteenth day of September of such year. 

§ 980. Bonds when lands about to be sold or leased. — 
When any township trustees are about to sell or lease any 
school lands, they must give bond with sufficient sureties, 
payable to the State, in a sum to be fixed by the county sup- 
erintendent of education, equal to the value of the school 
lands, or the amount of the school funds of their township, 
and with condition to discharge their duties faithfully so 
long as they may continue in office, or discharge any of the 
duties thereof; which bond must be approved by the coun- 
ty superintendent of education, and by him filed in his 
office. 

£ 981. Report of income for rent or lease of school lands. 
— When any portion of the 16th section or other school 



23 

lands in any township has been rented or leased, it shall be 
the duty of the township trusteee to at once report to the 
county superintendent in writing a description of the lands,. 
to whom rented or leased, the time when due and how the 
payment is secured. It shall be the duty of the county 
superintendent so soon as this report is received by him, to 
file the same in his office, and to report to the State Super- 
intendent all the facts contained in the report of the town- 
ship trustees. That it shall be the duty of the township 
trustees when money is paid to them on such rentings or 
leases, to at once report the amount, and on which account 
paid, to the county superintendent, whose duty it shall 
be to report the same to the State Superintendent, being 
careful to give the number of the township and range, and 
for what year the rental or lease money was paid, in making 
the apportionment of school funds for the year following the 
receipt of the report. 

§ 982. Exemption from load and jury duty, and poll-tax- 
— Township trustees are exempt from road duty, jury duty 
and poll-tax, so long as they shall continue in office and per- 
form the duties thereof; and the certificate of the county 
superintendent of education of that fact shall be evidence 
thereof. 



CHAPTER 3. 

PUBLIC SCHOOLS. 

Article 1. — Teachers. 

2. — Educational board, and teachers' institutes. 
3- -Districts, pupils and scholastic periods. 

Article I. 

TEACHERS OF PUBLIC SCHOOLS. 

§ 983. Certificate of qualification. — There shall be three 
grades of teachers' certificates, to be known as certificates 
of the first, second and third grades, each of which must 



24 

show the branches in which the holder has been examined, 
and his relative attainments therein ; and every teacher in 
the public schools must obtain a certificate in one of such 
grades; but in no case shall an applicant for the position of 
teacher receive a certificate who fails to answer correctly 
seventy per cent, of the questions propounded by the board 
of examineis. 

984. Examination of teachers. — Every applicant for a 
teachers' certificate must be examined on the following sub- 
jects : For, the third grade, in orthography, reading, pen- 
manship, practical arithmetic through fractions, primary 
geography and the elementary principles af physiology and 
hygiene; for the second grade, on all the foregoing subjects, 
and also in practical arithmetic, history of the United States, 
English grammar, intermediate geography and elementary 
algebra ; for the first grade, on all the foregoing subjects, 
and also in higher algebra, natural philosophy, geometry 
and the theory and practice of teaching. 



AN ACT. 



To provide for the teaching in the public schools of Physi- 
ology and Hygiene, with special reference to the effect 
of alcoholic drinks, stimulants and narcotics upon the 
human system. 

Section 1. Be it enacted by the General Assembly of Ala- 
bama, That in addition to the branches in which instruction 
is now given in the public schools, instruction shall also be 
given as to the nature of alcoholic drinks and narcotics, and 
special instruction as to their effect upon the human system, 
in connection with the several divisions of relative physi- 
ology and hygiene, and such subjects shall be taught as 
regularly as other branches are taught in said schools. Such 
instruction shall be given orally from a text book in the 
hands of a teacher to the pupils who are not able to read ; 
and shall be given by the use of text-books in the hands of 
the pupils in case of those who are able to read, and such 



25 

instruction shall be given as aforesaid to all pupils in all 
public schools in the. state to all the grades until completed 
in the high schools. 

Sec. 2. Be it further enacted, That no certificate shall be 
granted hereafter to any new applicant to teach in the pub- 
lic schools of Alabama, who has not passed a satisfactory 
examination in the study of the nature of alcoholic drinks 
and narcotics, and of .their effects upon the human system, 
in connection with the several divisions of the subject of 
physiology and hygiene. (Act takes effect Sept. 20, 1891.) 

§ 985. How long certificates are valid. — A third grade cer- 
tificate shall be valid for one year ; a second grade certificate, 
for two years ; and a first grade certificate, for three years, 
in the county in which the same is issued. 

§ 986. Register kept by teacher and submitted. — Every 
teacher of a public school must keep a register of the actual 
daily attendance of the pupils in his school, and must sub- 
mit such register to the township trustees for their inspec- 
tion. 

§ 987. Quarterly report; not entitled to compensation until 
forwarded. — Every teacher of a public school must, within 
five days after the end of each scholastic quarter, forward to 
the county superintendent of education a complete report, 
setting forth the enrollment, attendance, number of trans- 
ferred pupils, and from what township transferred, the 
branches taught, and the number of pupils in each, distin- 
guishing between male and female, and stating whether a 
white or colored school ; also the monthly pay from school 
revenue from the townships in which the school is located, 
and from transferred pupils, stating township and range from 
which they are transferred ; also the number of days taught, 
the amount due for services from school revenues of the 
township, the number of visits by township trustees, and the 
name and post office of the teacher ; and such report must 
be sworn to by the teacher before the township trustees, 
and approved by them ; and no teacher can draw any 
pay for services rendered by him until he has forwarded 
his report in accordance with the requirements of this sec- 
tion. 



26 

§ 988. To be paid quarterly. — The teachers of public 
schools shall be paid quarterly, on the first Saturdays in 
January, April, July and October, or as soon thereafter as 
practicable. 

Article II. 

EDUCATIONAL BOARD AND TEACHERS' INSTITUTES. 

jS 989. Educational board ; how constituted ; power to fill 
vacancies. — There shall be established in each county of the 
State an educational board, composed of the county super- 
intendent of education, who shall be the president thereof, 
and of two teachers, either in private or public schools of 
the county, who shall be appointed by such superintendent 
at the beginning of each scholastic year, or as soon there- 
after as practicable, and who shall hold office during the 
current scholastic year, and one of whom shall be appointed 
secretary ; and a majoriry of the board shall be necessary 
for the transaction of any business. The county superintend- 
ent of education shall have power to fill all vacancies that 
may occur in such board. 

§ 990. Meetings of board. — Such board shall meet quar- 
terly at such times and places as they may designate ; but 
may meet oftener when deemed advisable by them. 

§ 991. Examination of applicants; effect of diploma. 
Applicants for license to teach in the public schools of the 
county must be examined by such board, and the questions 
and answers in such examination must be in writing, and 
must be preserved by the board for one year, open to inspec- 
tion ; and when an applicant is iound duly qualified, and is 
of good moral character, he must, on the payment of a fee 
of one dollar, which shall be divided between the two mem- 
bers of the board appointed by, and acting with the county 
superintendent of education, receive a license to teach in the 
public schools of the county, which must be signed by the 
president and secretary of the board ; but a diploma from 
any chartered institution of learning will entitle the appli- 
cant to such a license without examination, on proof of good 
moral character, and payment of the license fee. 



27 

Note. — Graduates of State normal schools, holding diplomas, signed by 
the State Superintendent, are exempt from examination or payment of the 
fee of one dollar and are, by terms of the law establishing our normal 
schools, "entitled to teach anj'where in the State without further examina- 
tion." 

§ 992. Register of licenses kept; cancellation noted thereon. 
— A register of all licenses issued by the board shall be kept 
by them; and whenever any license shall be cancelled, that 
fact shall be noted on such register, together with the cause 
of such cancellation. 

§ 993. Cause for cancellation of license. — Whenever it 
shall appear to the board that any teacher to whom a license 
has been issued has been guilty of intemperance, or of un- 
worthy or disgraceful conduct, his license shall be cancelled^ 
and his name stricken from the registered list of teachers 
by the board. 

§ 994. Examination, license and register necessary. — No 
teacher shall be employed in any of the public schools of 
any county in this State, or receive any of the school funds, 
unless he has been so examined, has received such license,, 
and the same has been so registered in the county. 

§ 995. Teachers' 1 institute to be organized. — It shall be 
the duty of the board of education in each county to organ- 
ize and maintain therein teachers" institutes, one for teach- 
ers who are white persons, and one for teachers who are 
colored persons, to be held at such times and places as the 
board may prescribe; but there shall not be less than ten 
licensed teachers in the county of the race for whom such 
institutes shall be organized. 

§ 996. Officers and members of institutes; no fee imposed 
without consent. — The county superintendent of education 
shall be the president of such institutes, and the members 
of the educational board shall be the vice-presidents thereof., 
one of whom shall preside over its meetings in the absence 
of its president; the other officers thereof may be elected. 
Every teacher of the county holding a license shall be a 
member of the institute organized for his race. But no fee 
or assessment ehall be imposed on a member without his 
consent. 



28 

§ 997. Meetings of institutes. — There shall not be less 
than three meetings in each year of such institutes, one of 
which shall be held in the month of September, and at this 
meeting an address to the teachers shall be made by some 
person selected by the educational board ; and teachers 
holding licenses shall attend at least one of such meetings. 

§ 998. Business of the institutes. The meetings of the 
institutes shall be devoted mainly to discussions and instruc- 
tions in regard to the methods of teaching and disciplining 
schools, and to the text-books used, and other matters con 
nected with the schools and school laws. 

Article III. 

DISTRICTS, SCHOOLS AND SCHOLASTIC PERIODS. 

§ 999. School districts; establishment and supervision; 
capacity to hold 'property. — Every township and fraction of 
a township, which is divided by a State or county line, or 
any river, creek, or mountain, or other barrier rendering in- 
tercourse between the different portions of the township 
difficult, and every incorporated city or town having three 
thousand inhabitants or more, shall constitute a separate 
school district; and each of them shall be under a township 
superintendent as to all matters connected with public 
schools. Each township, or other school district, in its cor- 
porate capacity, may hold real and personal property ; and 
the business of such corporations, in relation to public 
schools and school lands, shall be managed by the township 
or district trustees. 

§ 1000. Pupils entitled to instruction in public schools. 
— Every minor over the age of seven years shall be entitled 
to admission into, and instruction in any public school of 
his or her own race or color in this State. 

§ 1001. Scholastic periods. — The Scholastic year shall 
begin on the first day of October of each year, and end on 
the thirtieth day of September of the following year ; 
twenty days shall constitute a school month, and a school 
day shall be not less than six hours. 



29 

§ 1002. Public examinations, and certificates to pupils. 
— Public examinations must be held in the public schools 
at least once in every year; and when the educational board 
shall be satisfied that any pupil has become thoroughly ed- 
ucated in all the branches of free instruction in any one of 
such schools, they shall give to him or her a certificate to 
that effect. 

§ 1003. Separate schools for the tivo races. — In no case 
shall it be lawful to unite in one school children of the white 
and colored races. 



CHAPTER IV. 

APPORTIONMENT AND DISBURSEMENT OF SCHOOL FUNDS. 

§ 1004. Certificate and apportionment of educational fund 
for scholastic year. — On the first day of October of each 
year, or as soon thereafter as practicable, the auditor shall 
certify to the Superintendent of Education the amount of 
money which has accrued and been placed by him to the 
credit of the educational fund for the scholastic year com- 
mencing on that day, stating specifically the amount derived 
from each source, and any unexpended balance there may 
be from the appropriation of the previous year to be carried 
forward ; and the amount so certified shall be apportioned 
, by the Superintendent of Education, and be drawn and dis- 
bursed as provided by law. 

§ 1005. Contingent expenses and amount for normal 
schools set apart; residue apportioned. — As soon as such 
certificate is received by the Superintendent of Education, 
he shall set apart out of the general fund a sufficient amount 
to pay such expenses of the department of education as are 
by law payable out of such fund, and the amount necessary 
to cover the expenses of normal schools; and he shall then 
apportion all the balance of such fund, as near as practica- 
ble, among the several townships and school districts in the 
State, as hereinafter provided. 



30 

sj 1006. Amounts apportioned certified to auditor; no 
warrants drawn in excess/ balance unapportioned certified 
to treasurer. — As soon as such amounts have been set apart; 
and such apportionment iias been made, the Superintendent 
of Education shall certify to the auditor the amount set 
apart for each particular purpose or appropriation, and the 
total amount of the apportionment to the several school 
districts in each county for each race; and the auditor shall 
see that no warrants are drawn against the educational fund, 
for any purpose, for any amount in excess of the amounts 
so certified as set apart and apportioned; and he shall cer- 
tify to the treasurer the amount of the school revenue,exclusive 
of poll-tax, unapportioned by the Superintendent of Educa- 
tion ; and the treasurer shall set apart the amount out of 
any money received from the taxes of the current year, and 
he shall keep the same separate and apart from all other 
revenues, and shall not pay out any of such money except 
upon warrants for school purposes. 

§ 1007. Interest on /Sixteenth section or other trust fund 
first set apart; effect of apportionment. — In making the ap- 
portionment of school money to the several districts, the 
Superintendent of Education shall first set apart to each 
township, or other school district, the amount due from the 
State thereto as interest on its sixteenth section fund, or 
other trust fund held by the State; and all townships or 
school districts, having an income from such source, or from the 
lease or sale of sixteenth section lands, not receive anything 
out of the balance of the educational fund to be apportioned, 
until all other townships or school districts, having no trust 
lund, shall have received from the general fund such amount 
as will give them an equal per capita apportionment with 
the townships or districts having such income. 

§ 1008. Apportionment; basis of\ how made — The Super- 
intendent of Education shall apportion the educational fund 
to the respective townships or school districts, subject to 
the provisions of the preceding section, according to the 
latest official returns of the enumeration of school popula- 
tion of the townships or other districts, which have 
been made to his office; and he shall also apportion the fund 



31 

for each township between the races therein ; but when 
the township trustees of any township or district have 
failed to make and return the census enumeration of their 
township or district, as required by law, the Superintendent 
of Education shall make the apportionment to such town- 
ship or district, according to the best information he can 
obtain as to the school population of such township or dis- 
trict ; but in no event shall he, in case of such failure, estimate 
the school population of smy such district or township at 
more than the number shown by the last official report to 
his office. (See section 950 Subdiv 4.) 

§ 1009. Apportionment recorded, and certified to county 
superintendents; when contracts for schools invalid. — As soon 
as such appointment is completed, the Superintendent of 
Education shall haf e the same recorded in his office, in books 
kept for that purpose, showing the amount which has been 
apportioned to each school district, and the source or sources 
from which the same was derived, the amount to each race 
in the distict, and the number of children of each race in 
the district upon which the apportionment was based ; and 
he shall then furnish to each county superintendent of educa- 
tion a certified copy from such books, showing the dividends 
of the educational fund to each township or district under 
the latters supervision; and the amount so divided and cer- 
tified shall be the total amount which each of such school 
districts shall be entitled to receive from the State, except 
the poll tax, during the current scholastic year ; and no con- 
tract to pay for any school or schools, for any district, more 
than the amount thus apportioned to it, together with such 
poll-tax as it may receive, and such funds as may be in hand 
from any previous year, shall be valid against the State to 
township. 

§ 1012. Amount due each county apportioned and certi- 
fied to auditor. — The Superintendent of Education shall, by 
the tenth day of October in each year, or as soon thereafter 
as practicable, apportion to every county the amount of 
school money such county will be entitled to receive for the 
scholastic year, trotn all sources except from poll-tax and 
the special tax, if any, levied for school purposes in any 
county ; and he shall certify the same to the auditor. 



PAY ROLLS. 

(The following is from Acts 1886-7 and 1SS8-9.) 

S 1. That on the 15th days of March, June, September 
and December the county superintendent shall make in 
duplicate, for each race separately, a pay-roll, showing the 
names of all teachers engaged in teaching public schools in 
their counties with their post-office address, and the esti- 
mated amount that will be due to each teacher at the end of 
the current quarter from the funds of each township and 
range in its regular numerical order; and shall append 
thereto an affidavit that the same is correct. One of said pay- 
rolls shall be retained by the county superintendent, and the 
other he shall forthwith forward to the Superintendent of 
Education, who shall examine the same,* and if found cor- 
rect it shall be approved by him, and filed with the Audi- 
tor of the State. 

§ 2. The Auditor shall, immediately upon the receipt of 
such pay roll, draw a warrant on the State Treasurer in favor 
of the county superintendent of each county for a sum which 
will be equivalent to the amount estimated to be due on 
said pay roll, and two per cent, thereon, and one-quarter of 
the salary due to the county superintendent of education, 
and shall file said warrant, together with the pay-roll upon 
which it is based, with the State Treasurer, whereupon it 
shall be the duty of the State Treasurer to forward by 
express or exchange, at the expense of the State, the amount 
of such warrant, and the pay roll and duplicate receipts for 
said sum, including the express charge or exchange premium, 
if any. The county superintendent of education must im- 
mediately upon receipt of said sum, sign the duplicate 
receipts and return one to the State Treasurer, who shall 
attach it to the appropriate warrant, and the other shall be 
returned to the Auditor. 

§ 3. That immediately upon the receipt by the county 
superintendent of the amount of the quarterly or monthly 
pay-roll, he shall pay the teachers, taking their reoeipt 
therefor on both copies of said pay rolls, and must, by the 



33 

15th day of January, April, July and October, return the 
approved copy of said receipted pay-roll to the State Super- 
intendent of Education. 

§ 4. The Auditor shall have prepared the necessary 
blank pay-rolls, receipts and warrants to be used in carrying 
out the provisions of this act, and shall from time to time, 
as experience requires it, prepare new blanks for that pur- 
pose, so as to facilitate and effectually carry out the inten- 
tion of this act. 

§ 9. That in those counties in the State of Alabama, or 
separate school districts wherein the teachers are now paid 
monthly by law, it shall be the duty of the county superin- 
tendent, or the superintendent of such district, as the case 
may be, to make out and forward to the Superintendent of 
Education on the 20th day of every month, a pay-roll as 
hereinbefore provided for, and the State Superintendent of 
Education, the Auditor and the State Treasurer shall each, 
severally, perform all the acts and duties hereinbefore re- 
quired of them so that said teacher may be paid monthly. 

§ 10. Upon the return of any receipted pay-roll to the 
State Superintendent of Education, if it should appear that 
there is in the hands of the county superintendent any bal- 
ance, the amount of said balance shall be charged to him 
and shall be deducted from the amount of the next quarterly 
or monthly pay-roll. 

§ 11. Any county superintendent, or any superintendent 
of a separate school district, who fails to make out and for- 
ward any pay-roll required by this act, or who fails to sign 
and return the receipts hereinabove provided, or who fails 
to pay the teachers within fifteen days after the receipt by 
him of the money, or who fails to return said receipted pay- 
roll must, on conviction, be fined not less than one hundred 
dollars, and must also be removed from office by the super- 
intendent of education, or if he has been elected to such 
office, roust be suspended by the Governor until he shall 
have fully performed all of said acts and faithfully dis- 
charged all of the duties required of him by law. 

§ 13. Any county superintendent who shall demand. 



34 

receive or take from any teacher any return, commission, 
rebate, fee or gratuity to influence him in the performance 
of any of his official duties, must, on conviction, be fined not 
less than five hundred dollars, and may also be sentenced 
to hard labor for not less than three months. (Approved 
February 28, 1887. Amended February 28, 1889.) 

POLL TAX. 

§ 1010. Poll-tax received from each county. — Each county 
shall receive as school money all the poll tax collected 
therein ; and the same shall be its full distributive share 
of the aggregate poll-tax collected in the State. 

§ 1011. Each township and race entitled to its poll- tax ; 
report as to such tax. — Each township or other school dis- 
trict is entitled to receive, for the support of the public 
schools therein, all the poll tax raised in and for such town- 
ship or district; and the county superintendent of education 
of each county shall see that the amount of poll-tax paid by 
white persons shall be applied exclusively to the maintenance 
of schools for white pupils, and that paid by colored persons 
exclusively for the maintenance of schools for colored pupils, 
and in his annual reports, he must show how much poll tax 
he has received since his last report for each race in each 
township or district of his county. 

(The following from Acts 1886-7 and 1888-9.) 

§ 5. The money which has heretofore been paid by 
the tax collector to the county and city superintendents in- 
cluding poll tax must be paid into the State Treasury by the 
tax collectors monthly as the same is collected by him, in 
the same manner as other taxes are collected and paid in ; 
that tax-collectors shall at the end of each month, before 
paying the poll tax into the State treasury, deduct the com- 
missions allowed by law for assessing and collecting, from 
the amount collected from each race in each township and 
range, and separate school districts, and make a report in 
duplicate, showing the net amount due to each race in each 



35 

township or separate school district. One of which reports 
he shall furnish to the county superintendent, and the other 
he shall forward to the State Superintendent of Education. 

§ 6. Any assessor who fails to designate on the assessment 
list the number of the township in which each poll tax payer 
lives, or any collector who fails to report to the Superintend- 
ent of Education the amount of poll tax collected by him 
from each township must, on conviction, be fined not less 
than one hundred dollars. 

§ 1. Hereafter the amount of poll tax paid into the State 
treasury to the credit of the school fund of either race in any 
township or other school district during each year, shall be 
the amount of poll tax that may be contracted and used 
for school purposes the following year ; Provided, That no 
contract tor the payment of any poll tax for services ren- 
dered the first quarter of the school year shall be valid, and 
the Auditor shall not draw his warrant for any school funds 
derived from poll taxes for the payment of teachers for ser- 
vices rendered during the final quarter of the school year. 

Note. — The foregoing section was approved February 2Sth, 1889. The 
Attorney-General holds, however, that no poll tax in excess of the amount 
actually in the State treasury to the credit of a county, can be legally paid 
out under this act. 

LOCAL AND OTHER PROVISIONS. 

§ 1016. Apportionment and expenditure of local school 
money. — All local school funds, raised for the support of 
public schools, by taxation or otherwise, shall be apportion- 
ed and expended in the district or districts in and for which 
the same were raised, under such rules and regulations as 
the township trustees, or other local authority provided by 
law, may prescribe ; but this section shall not be construed 
to repeal any provision for the apportionment and disburse- 
ment of the moneys mentioned in this chapter, or provided 
for in special or local laws ; and all funds contributed by 
private parties, or otherwise, to such district shall be applied 
as indicated in the grant from such contributors ; and no 
school moneys distributed to the various counties from the 



36 

State school revenue, shall, either directly or indirectly, be 
paid for the erection of school-houses, the use of school-room 
furniture, or any other contingent expenses of schools. 

§ 1017. Apportionment of income from trust fund when 
toicnship divided. — Whenever a township, which has an in- 
come from a trust fund, is divided by a State or county line, 
or otherwise, into separate districts, or includes a city which 
is a separate school district, such income must be divided 
between, and apportioned to each school district in such 
township according to the school population of each. 

§ 1018. Funds unused for two years apportioned by coun- 
ty superintendent. — The county superintendent of education 
shall, in the same manner as the Superintendent of Educa- 
tion is required to apportion the general school fund, 
apportion among the school districts under his super- 
vision all funds received by him for any particular school 
district or race, which have remained unused by such district 
or race for two years ; and he shall make report of such ap- 
portionment to the Superintendent of Education as soon 
thereafter as practicable. 

§1019. Fund once apportioned, not used for other pur- 
poses until re-apportioned. — Funds which have accrued and 
have been apportioned to any district or race, shall not be 
used for the benefit of any other district or race, until the 
same shall have reverted to the general fund, and been re- 
apportioned under the provisions of the last preceding sec- 
tion. 

§ 1020. What part of income new districts are entitled to. 
Whenever any separate school district is created, which shall 
embrace parts of two or more townships, such district shall 
receive its proportionate share of the income from any trust 
fund belonging to either or both of such townships, accord- 
ing to its school population. 

§ 1021. Contingent fund for department of education. 
The State treasurer shall annually set apart, out of any money 
in the treasury not otherwise appropriated, the sum of one 
thousand dollars, as a contingent fund for the department of 
education ; and whenever it shall become necessary to draw 
on such fund the Superintendent of education shall certify the 



37 

amount necessary, and for what purpose, to the auditor, who 
shall draw his warrant on the treasurer for such amount. 
The Superintendent of Education shall keep an accurate ac- 
count of all fsurns which he shall certify to be paid out of 
such contingent fund, and shall furnish an itemized state- 
ment thereof to the Governor each year, with his annual 
report. 

§ 1022. Unexpended part of such fund credited to next 
year. — At the close of each scholastic year, any part of the 
appropriation|for the educational contingent fund, which 
may not then be expended, shall be carried forward by the 
Auditor and Superintendent of Education, and placed to the 
credit of, and become a part of the one thousand dollars ap- 
propriated for the educational contingent fund of the next 
succeeding vear. 



CHAPTEK V. 

SCHOOL LANDS. 

Article 1. — What constitutes school lands; incorporation of townships. 
2. — Lease of school lands. 
3. — Sale of school lands. 

Article I. 

WHAT CONSTITUTES SCHOOL LAND; INCORPORATION OF TOWNSHIPS, 

§ 1023 (962). What are school lands, and in whom 
vested. — School lands, within the meaning of this Code, 
are sections numbered sixteen, in every township, granted 
by the United States for the use of schools ; and all school 
lands are vested in the State, in trust to execute the objects 
of the grant. 

Long v Brown, 4 Ala. 622 ; Yerby v. Sexton, 4S Ala. 311. 

§ 1024 (96S). Incorporation of Townships. — The inhabi- 
tants of each township in the State are incorporated by the 

name of Township , in range , according to the 

number of the surveys of the United States. 

Article II. 

LEASE OF SCHOOL LANDS. 

§ 1025 (967). Timber lots reserved. — The township trus- 
tees, after the surveys and plats provided for in the next 
succeeding article of this chapter, may select such lots as 
they think proper, to reserve from cultivation for the benefit 
of the timber thereon, and must mark the same "reserved" 
on the plat thereof. 

§ 1026 (968). Other lands leased; terms of lease. — The town- 
ship trustees may lease, for not exceeding five years, the lots 
so aid out and not reserved, and may stipulate for such im- 
provement as they may deem expedident, and may require, 



39 

if they think proper, security for rents and improvements; 
the rent is to be paid annually, but in case of improvements,, 
they may stipulate for the rent to commence after the 
commencement of the lease. 

Note. — As to reports required of township Trustees, see § 9S1. 

§ 1027 (969). Rent payable to the township. — All notes, 
bonds and contracts for the lease of school lands are to be 
made payable to the township by its corporate name. 

§ 1028 (970). Lands rented at public auction; notice. — 
All school lands must be leased, at some place in the town- 
ship, at public auction ; and at least six weeks previous 
notice shall be given by advertisement at three public places 
in the township, designating the time and place ; and such 
other notice may be given as the township trustees may 
deem expedient. 

§ 1029 (971). Duties of lessee. — The lessee is bound to 
treat the land, houses and improvements in a careful and 
husbandiike manner; to commit no waste; and he must 
comply with such further restrictions as the township trustees 
may deem expedient to insert in the lease; and if such lessee 
or any person claiming under him, commits waste, or fails to 
comply with any other stipulation in the lease, the township 
trustees have the right to declare the lease forfeited. 

§ 1030 (972). Timber lots;, how used.— The lots reserved 
for timber are for the common benefit of the lessees of the other 
lots ; but no timber must be cut down, injured, or destroyed, 
as long as there is sufficient on the other lots, which the 
township trustees are to determine; and the lessees must in 
no case, cut down, injure, or destroy such timber without per- 
mission of the township trustees which may be given on 
such terms as they may think proper, having a due regard to 
the interests of the township. 

§ 1031 (973). Penalty for injury to timber. — Any person 
who, without authority, cuts down, injures, or destroys any 
tree on school lands, shall forfeit and pay for every such tree 
ten dollars, to be recovered before any court having juris- 
diction, in the corporate name of the township. 



40 

§ 1032 (974). Fines paid into treasury for school-fund. — 
All fines and forfeitures under the preceeding section shall 
be paid into the State treasury, and added to the principal of 
the school fund of the township. 

Article III. 

SALE OF SCHOOL LANDS. 

>< 1033 (975). Flection as to sale of school lands. — The 
township trustees of any township may, on giving twenty 
days' notice by advertisement at three of the most public 
places therein, hold an election to ascertain the sense of the 
township respecting the sale of school lands belonging there- 
to, and may appoint the place where such election is to be 
held, and three inspectors to manage the same. 

Tankersly v. State Bank 5 Ala. 277. 

§ 1034 (976.) Oaths of inspectors of election, — The in- 
spectors, before such election, must take an oath to conduct 
the same fairly, which may be administered by one to the 
other ; and they may appoint clerks. 

§ 1035 (977). Absence of inspectors. — If any inspectors 
are absent, those present may supply their places, and if 
none attend, any three freeholders or householders of the 
township may act. 

§ 1036 (978). Polls. — The polls are to open at eleven in 
the morning and close at five in the afternoon.' 

§ 1037 (979). Manner of voting. — The voters must write 
upon their tickets " sale " or " no sale," and deposit them in 
the ballot box; and the inspectors, after ascertaining the 
result, must certify the same to the township trustees. 

§ 1038 (980). If majority for sale, survey made and min- 
imum price fixed. — If, on such election, there is a majority of 
the voters of the township, over the age of twenty-one years, 
voting thereat in favor af a sale, the township trustees are 
to have the lands surveyed in lots so as to command the 
highest price, have a plat of such survey made, and, being 
sworn fairly to value such lots, to fix a minimum price up- 
on each. 



41 

§ 1039 (981). Plat to be kept free to inspection. — Such 
plat, with the minimum price marked upon each lot, is to 
foe kept by the township trustees free to the inspection of all 
persons desiring to examine the same. 

§1040 (S82). Notice of Sale. — As soon as the lands are 
•surveyed, the township trustees must give thirty days' notice 
of the time and place of sale, by advertisement at three 
public places in the township, and in such other mode as 
they may think proper. 

§1041 (983). Sale at public auction; terms of sale. — On 
the day appointed for the sale, between the hours of eleven 
in the morning and two in the afternoon, each lot must be 
offered separately, and sold at public auction to the highest 
bidder at or above the minimum price. If such minimum 
price is fifty dollars, or under, the sale must be for cash; if 
the minimum price is over fifty dollars, but not more than 
one hundred and fifty dollars, the sale must be on a credit 
of one year, unless the amount bid for the lauds should ex- 
ceed one hundred and fifty dollars, in which event the sale 
must be on a credit of one and two years, in equal annual 
installments; if the minimum price, or the amount bid tor 
the lands, is one hundred and fifty dollars, or over, but less 
than three hundred dollars, the sale must be on a credit of 
one and two years, in equal annual installments; it the 
minimum price, or the amount bid for the lands, is over 
three hundred dollars but less than five hundred dollars, the 
sale must be on a credit of one, two, and three years, in 
equal annual installments ; and if the minimum price, or 
the amount bid for the lands, is five hundred dollars, or 
more, the sale must be on a credit of one, two, three and four 
years, in equal annual installments ; when the sale is on a 
credit, the purchaser must give his notes, with two or more 
sureties, approved by the township trustees, payable to the 
State of Alabama, for the use of the township, designating it 
by its number and range, and specifying, by the legal sub- 
divisions, the particular portions of the section for which 
the notes are given. All notes for purchase of school lands, 
sold under the provisions of this article, must bear interest 
at the rate of eight per cent, per annum from date. 



42 

§ 1042 (984). Provisions directory. — The provisions of 
this article, in relation to the sale of school lands, must be 
construed as directory only. 

§ 1043 (985). Report of. sale; disposition of purchase- 
money and notes. — The township trustees, within twenty 
days after such sale, must make return thereof to the Super- 
intendent of Education, specifying the date of the sale, the 
names of the purchasers, the quantity and a particular de- 
scription of the land sold to each, the price paid, or to be 
paid, by each purchaser, and the amount of the purchase- 
money retained to defray the expenses of the survey and 
sale ; and they must, at the same time, pay over to the 
Superintendent of Education all the money which may have 
been received by them as purchase-money for such lands, 
after deducting such amount as they may be allowed by law 
to retain to defray the expenses ol the survey and sale; and 
also, at the same time, turn over to the Superintendent of 
Education all notes which may have been taken by them 
for such lands; and the Superintendent of Education must 
give them a receipt for such money and notes, and file the 
return and notes in his office, and make proper record of the 
notes. 

S 1044 (986). Resale of lands. — If any purchaser fails to 
make the payment, or give his notes with approved sure- 
ties, as required, the land bid off by him must be immedi- 
ately resold, if practicable, but if it is not practicable to 
make the resale at once, it must be advertised and resold at 
a future day, as if no sale had been made; and the first pur- 
chaser shall be responsible for the difference between his 
bid and the amount for which the land is subsequently sold, 
if such amount is less than the bid of such first purchaser.' 

Commissioners v. Aiken, 5 Port. 169. 

§ 1045 (987). Certificate of purchase. — The township 
trustees, on receiving from the purchaser the cash payment, 
and his notes for the deferred payments, must give to him a 
certificate of purchase, describing the land purchased, and 
showing the number of acres, and the amount of the pur- 
chase-money. ' 

Tankerslv v. State Bank, 5 Ala 277. 



§ 1046 (988). Effect of certificate of purchaser. — Such 
■certificate conveys to the purchaser, his heirs, or assigns, a 
•conditional estate in fee, to become absolute on the pay- 
ment of the purchase-money and interest, and to revert to 
the State for the uses originally granted in the following 
cases : 

1. When all the notes have become due, and the makers 
have left the State or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, and 
execution has been returned "no property" by the proper 
officers of the .county in which the township lies ; or when 
judgment is had, and execution returned against any one or 
more of such makers a no property," and the others have left 
the State, or died insolvent. 

§ 1047 (989). Revesting of title; clerk to certify facts; 
penalty for failure; costs. — No proceeding is necessary to 
revest the title in the State on the happening of the events 
specified in the preceding section, but such lands may be 
recovered in the name of the State, for the use of the town- 
ship, against any person in possession of the same, upon 
proof of the facts; and it is the duty of the clerk of the 
court in which the suit was pending, or the judgment recov- 
ered, to certify the facts to the Superintendent of Education, 
on the happening of the events specified in the second and 
third subdivisions of the preceding section, and failing to do 
so within a reasonable time, he forfeits the sum of one hun- 
dred dollars; one-half to the person suing for the same, and 
the other to the State for the use of the township. When no 
money is recovered in suits on notes for purchase-money of 
school lands, no costs must be taxed against the township 
for such suits. 

§ 1048 (990). Compensation to toivnship trustees; penalty 
for such defaults. — For holding the election and making 
the sale, as provided in this article, the township trustees 
shall be entitled to two dollars, which, together with the 
amount which may be allowed by law to the county surveyor 
for making the surveys and plats herein provided for, shall 



44 

te retained by them out of the purchase-money for the 
lands ; and purchasers shall, in all cases, pay enough cash to 
defray such expenses ; and if the township trustees fail to 
return the sale, or purchase-money notes, or to pay over the 
money received on account of purchase-money, to the Super- 
intendent of Education, as required by law, they shall|forfeit 
one hundred dollars, one-half to the person suing for the 
same, and the other to the State for the use of the township ; 
and on the trial, the certificate of the superintendent as to 
such failure is presumptive evidence thereof. 

§ 1049 (991). Fines go to school fund. — The amount re- 
ceived by the State upon recoveries, had under the last 
two preceding sections, is to be added to the principal of the 
school fund of the township. 

§ 1050 (992). Patent. — A patent issues, on the payment 
of the purchase-money, to the purchaser, his heirs, or assigns ; 
and when the patent is to the heirs, it vests a title in all 
persons entitled to claim in that capacity under the pro- 
visions of this Code. 

§ 1051 (993, 996). Issue of patent by Secretary of State; 
correction of mistake. — The Secretary of State must issue 
patents upon satisfactory evidence furnished him of full pay- 
ment of purchase money, to any person, agent, or officer, legal- 
ly authorized to receive such payment ; and upon a proof of a 
mistake in the issue of any patent, he must correct the 
same, or issue a new patent on the return ot the original to 
his office. 

§ 1052 (995). Issue of patents in other cases. — Except under 
the provisions of the preceding section, no patent must issue 
without the certificate of the Superintendent of Education, 
that the whole amount of the purchase-money specified in 
the certificate, with all interest thereon, h; s been paid. 

§ 1(>5> (998). Collection of past due notes. — All notes 
for school lands deposited with the Superintendent of Edu- 
cation, if not paid within six months after maturity, murt 
be placed with the Attorney-General for collection ; but this 
section shall not be so construed as to prevent the Superin- 
tendent of Education from ordering suit on notes at any 



45 

time after maturity, when so ordered by the township trus- 
tees, or the sureties on the notes. 

§ 1054 (999), Appointment of agents for collection of 
notes. — The Attorney-General may appoint agents for the 
collection of such notes, being responsible for any neglect on 
the part of such agents. 

§ 1055 (1000). Totvnship credited with collections on notes. 
— All collections on notes given for the sale of school lands 
must be paid into the treasury of the State, to the credit of 
the proper township. 

§ 1056 (1001). Investment of sixteenth section f mid. — All 
money arising from the sale of sixteenth sections shall be 
vested in bonds of this State, or other safe securities, bear- 
ing interest at a rate not less than eight per cent. 

§ 1057. Duties as to lands, when township divided; by 
whom performed. — When a township is divided into two or 
more school districts, the county superintendent of education, 
in appointing township or district trustees in such township, 
shall designate which of them shall discharge the duties, and 
exercise the powers conferred upon township trustees touch- 
ing the leasing, selling and control of school lands in such 
township. 

Article IV. 
An Act 

To authorize the compromise and settlement of claims for 
school lands in this State. 

Section 1. Be it enacted by the General Assembly of Ala- 
bama, That it shall be the duty of the county superintendents 
of education of the various counties in this State, as soon as 
practicable after the passage of this act, to investigate all 
claims held by the State for school lands in their respective 
counties, by taking the evidence of parties claiming said 
lands, and of persons who may be acquainted with material 
facts connected with such claims, by deposition, affidavit 
or otherwise, so as to ascertain as nearly as possible what 



46 

amount, if any, has been paid for land, when and to whom 
paid, the amount still due the State, a description of the 
lands and their present value. It shall also be their duty to 
report in writing to the Superintendent of Education all the 
facts and circumstances attending each particular claim, to- 
gether with such recommendation as may seem to them just, 
equitable and proper under all the circumstances of each par- 
ticular case. To enable county superintendents more effectu- 
ally to carry out the provisions of this section, it shall be the 
duty of the Attorney General of the State to turn over 
to the Superintendent of Education all notes or other 
evidence in his possession or under his control, of claims for 
school lands, existing prior to the first day of April, 1865; 
and it shall be the duty of the Superintendent of Education 
to give to the county superintendents of education any in- 
formation in his possession tending to show the true condi- 
tion of such claims. 

Sec. 2. Be it further enacted, That it shall be the duty 
of the Superintendent of Education to recommend to the 
Governor the issuing of patents to such persons as shall ap 
pear from the facts and circumstances of the claims entitled 
thereto; and also to any persons claiming or having any 
interest in said lands, who shall pay to the State such sum 
or sums of money at the time and in the manner recom- 
mended by the county superintendent of education that he 
should pay in compromise and settlement of the claims due 
from him to the State for any particular portion of the school 
lands heretofore sold by the State, and upon the recommen- 
dation from the Superintendent of Education the Governor 
shall be authorized to issue such patent; Provided, That 
before making such recommendation to the Governor, the 
Superintendent of Education shall be satisfied that the 
amount recommended by the county superintendent to be 
paid the Stale in compromise and settlement of any such 
claim is fair, just and to the interest of the State, and that 
the same has been fully paid. 

Sec. 3. Be it further enacted. That should any of the par- 
ties claiming said school land refuse or fail to pay the amount 
found to be clue from them to the State, or refuse or fail to 



47 

comply with the recommendations of the county superinten- 
dent, by refusing to or failing to pay or secure to the State 
the amount recommended by him to be paid, in compromise 
and settlement of such claim for any particular school land 
by said party for ninety days after he has been notified by 
the county superintendent, of the amount required to be 
paid or secured to the State by him to enable him to get a 
patent from the State to said land, that it shall be the duty 
of the county superintendent to cause suit to be brought in 
the name of the State, for the use of the township in which 
the land lies, in equity, to enforce the lien of the State upon 
the said land for the whole amount found to be due the State, 
and upon the trial of said cause the certificate oi the Super- 
intendent of Education that the notes and other evidence of 
said claims are not in his office, and that he has no knowl- 
edge where they are, shall be prima facie evidence that 
said notes have been lost, and shall authorize the State to 
introduce secondary evidence of the contents of said notes or 
other evidence of said claim ; Provided, That the State shall 
not be liable for costs, should there be a failure to recover 
on said claims. 

Sec. 4. Be it further enacted, That it shall be the duty of 
the Superintendent of Education, should it be made to appear 
to his satisfaction, that any sum or sums of money have been 
paid to the State or to any one legally authorized to receive 
the same, for any school lands, upon which sums the State 
should, but is not paying interest to the school fund of the 
township in which said land lies or to which it belongs, 
to take such steps as will secure to such township the inter- 
est at the rate of six per cent, per annum upon the sums so 
found to have been paid, and it shall be the duty of the State 
Auditor to draw his warrant on the State Treasurer in lavor 
of the school fund of the particular township for the amount 
so found to have been paid, and the Treasurer shall set apart 
the sum as required of other 16th section funds, and interest 
on the same shall be included in the Auditor's annual cer- 
tificate to the Superintendent of Education as upon other 
16th section funds. 



48 

Sec. 5. Be it further' enacted, That for the services pre- 
scribed by this act, the County Superintendent shall be paid 
out of the sums so realized to the State, or out of the school 
fund of the township in which the school land lies, reasona- 
ble compensation, the amount in each case to be determined 
by the Superintendent of Education. 

Sec 6. Be it further enacted, That all amounts received 
or notes taken by the County Superintendents under the 
provisions of this act shall at once be forwarded to the 
Superintendent of Education, who shall pay the money into 
the State treasury as other 16th section funds, and the State 
Treasurer is authorized and required, under the advice and 
direction of the Governor, to invest the amounts so paid 
over, together with all other money hereafter paid in on ac- 
count of the 16th section lands, in the six per cent, or other 
bonds of this State. 

Sec 7. Be it further enacted, That all laws in conflict 
with the provisions of this act are repealed. 

Approved March 1, 1881. 

SALE or lease of school indemnity lands. 

Under an act to authorize the Governor to prosecute and 
secure to the State the benefits resulting from all claims of 
the State of Alabama against the United States for or on ac- 
count of swamp and overflowed lands, other public lands 
in Alabama sold or otherwise disposed of by the Federal 
Government and all other claims the State has under exist- 
ing laws, or may have under laws hereafter enacted, approv- 
ed Feb. 23, 1887, the Governor contracted with John H. 
Caldwell, the latter to prosecute all claims of the State 
against the United States referred to in said act, the said 
Caldwell to be compensated out of the proceeds of the suits 
he should bring. The agent under this authority having 
recovered certain land for the use of the several townships 
in this State in which there was a deficiency in the amount 
of land heretofore certified to the State for their benefit. To 
provide for the proper disposition of the lands so recovered, 
the following law was enacted : 



49 

AN ACT 

To provide for the sale or lease of school indemnity lands 
certified to the State of Alabama by the United States and 
to provide for the disposition of the proceeds thereof. 

Section 1. Be it enacted by the General Assembly of Ala- 
bama, That the Superintendent of Education of tnis State 
be, and he is hereby authorized and empowered to sell and 
dispose of all the lands which have been heretofore or may 
hereafter be certified to the State for the use and benefit of 
the several townships above referred to, subject to the ap- 
proval of the Governor of the State. Such sales shall be 
made from time to time at public or private sale, as in the 
judgment of the said Superintendent shall best promote the 
interest of the school fund of the State, and shall be for cash, 
or part cash and part on time, as the said Superintendent and 
Governor may deem best ; Provided, That in no case shall 
there be less than one-fourth of the purchase money paid in 
cash, and the remainder shall be payable in yearly install- 
ments, to extend over a period of not more than three years, 
and shall be secured by notes, with sureties to be approved by 
the Superintendent of Education, which shall bear interest 
from the date ot the sale. 

Sec. 2. Be it further exacted, That the proceeds arising 
from such sale, after payment of all the proper costs and 
expenses ot the same, shall be by the said Superintendent 
of Education, divided as follows : One-fourth thereof shall 
be paid over to the said Jno. H. Caldwell, his representa- 
tives, or assigns, and the remaining three-fourths shall be 
paid into the treasury of the State, to the credit of the school 
fund of the township to which the same may belong. All 
notes taken by the Superintendent of Education for the pur- 
chase of the lands sold under the provisions of this act, shall 
be held by him until the same are paid ; Provided, however, 
that if deemed, in the opinion of the said Superintendent, 
advisable in taking such notes, he may take separate notes 
for the proportion thereof, to which said Caldwell is entitled, 
and shall turn over said notes to him, his representatives, or 
assigns, taking his receipt therefor. 



50 

Sec. -'5. Be it further enacted, That the provisions of the 
laws of the State of Alabama, now in force regulating the 
sale of school lands, shall be applicable to sales had under 
this act, except in so far as the provisions of said law are in- 
consistent with the provisions of this act. 

Sec. 4. Be it further enacted. That the Superintendent of 
Education maj'', with the approval of the Governor of the 
State, lease out any of said lands for a term not exceeding 
five years, or may enter into contracts permitting persons 
to mine iron ore, coal or other minerals therefrom, upon a 
royalty for a term not exceeding twenty years, and the net 
proceeds of all moneys received from the lease of such lands, 
or as a royalty for the minerals mined therefrom, shall at 
the end of each fiscal year, one-fourth be paid over to the 
said John H. Caldwell, his representatives, or assigns, and 
the other three-fourths into the State treasury to the credit 
of the township to which said lands belong in the pro- 
portion of their interest therein. 

Approved December 9, 1890. 



LOCAL LAWS. 



MOBILE COUNTY. 

§ 1. Expiration of term of service of school officers in office 
February 15, 1876. — The Superintendent of Public Schools 
and the School Commissioners in office February 15, 1876, in 
the county of Mobile, shall continue in office until the first 
Wednesday of September, 1876, at which time their term of 
service shall expire. 

§ 2. When successors elected, and commencement of term, 
of service. — At the general election in August, 1876, there 
shall be elected by the qualified electors of the county of 
Mobile, six commissioners of public schools, two of whom 
shall reside at least six miles from the court-house in the 
county, whose term of office shall commence on the first 
Wednesday of September next after the election. 

§ 3. How new hoard of commissioners constituted, clas- 
sified, and of subsequent elections. — On the first Wednesday 
of September, 1876, the commissioners so elected shall meet 
at the rooms of the board of school commissioners, and shall 
elect by ballot, three members of the prosent board, who, 
with members previously elected, shall constitute the board 
of school commissioners of the county of Mobile. The 
school commissioners shall then be divided into three classes, 
as follows : The members elected from the existing or old 
board, shall be classed number one : the other six shall be 
formed into two tickets, having one country member on 
each, and the ticket shall be drawn for, and the first drawn 
for shall be classed number two, and the other shall be 
classed number three. At the general election in 1878, three 
commissioners shall be elected by the qualified electors in 
the county, in place of those comprising class number one. 



52 

At the general election in 1880, three commissioners shall 
be elected in place of those comprising class number two; 
and so on every year, At the general election in the 
county, three of the board shall be elected by the qualified 
electors of the countv according to their classification in nu- 
merical order. 

§ 4. President and vice-president of board; county super- 
intendent; term of office; oath; other officers and, agents. — The 
school commissioners may elect a president and vice-presi- 
dent, who shall hold their offices respectively until the first 
Wednesday in September after the next election of school 
commissioners. They shall also elect a county superintend- 
ent of education, who shall hold his office for the period of 
four years; and they may elect or appoint such other offi- 
cers and agents as they may from time to time deem expe- 
dient. The members of the board and the county superin- 
tendent shall severally make oath before the judge of pro- 
bate of Mobile county, that they will faithfully and properly 
demean themselves in their respective offices to the best of 
their ability. 

§ 5. Incorporation of board; general powers. — The board 
of school commissioners shall receive, levy, assess and col- 
lect all devises, revenues and taxes to which they were by 
law entitled at the date of the organization of the board of 
education of the State of Alabama ; and they shall have full 
power to continue in force, revise, modify and improve, as to 
them may seem fit, the public school system existing in the 
county of Mobile, and to make such by-laws, rules and reg- 
ulations, nut inconsistent with the laws of this State or of 
the United States, for the government of the board and of 
such schools, as they may deem expedient or necessary. 
They shall hold regular meetings of the board, at such times 
as they may fix upon, and adjourned or special meetings 
when necessary. Five members of the board shall consti- 
tute a quorum for the transaction of business, but no busi- 
ness involving a change in the system, rules or regulations, 
or affecting the general interest of the county, shall be trans- 
acted except at the regular meeting, after notice given, or 
when a full board is in attendance. The board shall be a 



53 

body corporate, may have a common seal, may sue and be 
sued, shall have power to purchase or lease such property for 
school purposes as in their judgment may be necessary for 
the proper accommodation and comfort of pupils and 
teachers, and may fix the compensation and bonds of its- 
officers, agents and employes, and change the same at pleas- 
ure; but the sum or sums so expended shall not exceed in 
any one year, twenty per cent, of the income of the board, 
exclusive of the amounts derived frem the public school 
revenue. The board shall also have power to sell or ex- 
change any of the property, the Barton Academy buildings 
only excepted ; but when the value of such property shall 
not exceed five thousand dollars, two-thirds of the members 
of the board shall vote in favor of the sale, and when the 
value exceeds five thousand, the sale to be valid, shall re- 
ceive the unanimous vote of the board, and be approved by 
the judge of probate of Mobile countv. 

§ 6. Filling of vacancies; proceedings recorded; semi annual 
publications; report to superintendent — The board of school 
commissioners have power to fill any and all vacancies that 
occur therein, or in the office of superintendent; and the 
persons that may be elected by the board to fill vacancies 
shall hold their offices until the term for which their prede- 
cessors were elected shall expire. The board shall cause 
full minutes of its proceedings to be kept, in well bound 
books, subject at all times to the inspection of the citizens 
of Mobile county. It shall cause to be published semi- 
annually, in one or more newspapers published in the city 
of Mobile, a full statement of the revenue and disbursements 
of the preceding six months, the number of schools kept, of 
teachers employed, and of pupils instructed. It shall trans- 
mit annually to the superintendent of Education, to be by 
him laid before the General Assembly, a full statement of 
its receipts and disbursements during the year, and such 
further information and statistics of its transactions as the 
Superintendent may require. 

§ 7. The county superintendent of Mobile county. — The 
county superintendent of education shall be ex-officio a 
member and treasurer of the board of school commissioners,. 



54 

and it shall be his duty to be present at every regular meet 
ing of the board, and make full and detailed reports of the 
condition of the schools and of all matters coming under his 
supervision as often as the board may require. He shall 
have, under the direction of the board, general supervision 
of the public schools in the county of Mobile, shall collect, 
receive and disburse the revenues of the board, under such 
rules and regulations therefor as the board may from time 
to time prescribe, and shall make detailed exhibits of all 
receipts and expenditures, accompanied by proper vouchers, 
at such times as the board may require, and, in general, shall 
perform all duties and carry into effect all orders and resolu- 
tions which the board may establish and direct. He shall 
receive such compensation for his services as the board may 
ordain, and may, at any time, be removed from office for 
dereliction in duty, after due examination had ; but not 
less than two-thirds of the members comprising the board 
shall vote in favor of such removal. He shall give good and 
sufficient bond, to be approved by the president of the board 
and the judge of probate of the county, in such sum as the 
board may determine ; but the penalty of the bond shall not 
be required to exceed double the amount of money which 
the Superintendent c^n receive and have in possession at 
any one time. 



CITY OF BIRMINGHAM. 

The mayor and aldermen shall have power to establish 
and maintain free white public schools and free colored 
public schools in said city, in which the children and wards 
from seven to twenty-one years of age, of all actual resi- 
dents, within the corporate limits, shall be entitled to seats 
as pupils : Provided, such children are themselves bona 
fide residents of said city ; but non-resident children may be 
admitted into such schools on such terms as the board of 
education may prescribe, and separate schools shall be pro- 
vided for the children of citizens of African descent. The 
public schools of said city shall be under the charge of the 
board of education, to consist of the mayor and six other 
persons, to be elected by the mayor and board of aldermen. 
The board of education existing at the time this act goes- 
into effect, shall exercise the powers and perform the duties 
hereinafter provided; and the members thereof shall hold 
office during the time for which they were elected. The 
successors to each of said board shall be elected at the expi- 
ration of the term of such members, two members being; 
elected annually, and the term of office shall be three years. 
Each member of the board of education, except the mayor, 
shall, upon his induction into office, take an oath, to be 
administered by the mayor, to faithfully discharge his duties 
as a member of said board. The board of education shall 
have the following powers and duties: 1. To build upon 
the school property of the city suitable houses for the use 
and accommodation of the public schools, or to rent such 
houses, and to keep such houses in repair, and furnish the 
same with proper furniture and apparatus. 2. To open a 
sufficient number of schools to meet the wants of the popu- 
lation of the city; elect a superintendent of schools, the 
principals and all teachers, fix their compensation and pre- 
scribe their duties ; control the distribution of teachers and 
pupils among the several schools; dictate the course of in- 



56 

strHction, the number and character of text books, the 
organization of classes, and the method of teaching; to pre- 
scribe rules and regulations for the government of the 
schools, and to exercise such additional powers as will be 
necessary to give it complete control of the public schools 
of the city ; but the plan of instruction and the rules and 
regulations adopted by the board of education shall be ad- 
hered to unless altered by a two-thirds vote. 3. To issue 
diplomas to all persons who satisfactorily complete the 
course of study prescribed for the public high school. 4. To 
charge in the high school such incidental or other fees as 
may be deemed necessary for the proper conduct thereof; 
but no fee, or charges of any description, must be made in 
any of the schools of lower grade than the high school. 

5. It shall be the duty of the board of education, before 
the first Wednesday in April in each year, to prepare and 
file with the mayor, an estimate of the money that will be 
required for the maintenance of the public schools for the 
succeeding scholastic year, and the erection and repair of 
necessary school buildings ; and the board of mayor and 
aldermen of said city shall, so far as they are able with the 
means at hand, of which the mayor and aldermen shall be 
the judges, make the necessary provisions to supply what- 
ever additional funds may be necessary to meet the estimate 
so made. All funds devoted to public school purposes in 
said city, whether derived from the State, county or city, 
shall be paid into the city treasury, and shall be disbursed 
as the board of education may direct ; Provided, that not 
more than four per cent, of the money derived from the 
State shall be used otherwise than for the payment of 
teachers employed in such schools. 

6. To create a board for the examination of applicants for 
positions as teachers in the public schools of the city; and 
no person shall be elected as a teacher in such schools who 
shall not have received a license from such board ; and the 
board of education may in its direction institute competitive 
examinations of applicants for positions as teachers in the 
public schools, including licensed teachers, who are appli- 
cants for re-election. 

Approved December 12, 1S90. 



CITY OF MONTGOMERY. 

§ 1. The corporate limits of the city of Montgomery, as 
now established, and as changed from time to time, shall 
constitute a school district, separate and apart from the re- 
maining school districts in Montgomery county. 

Section 2. It shall be the duty of the city council of 
Montgomery, as soon as practicable after each municipal 
election every two years, to elect a board of school exami- 
ners who shall be qualified electors and reside in said city,, 
and who shall not be members of said city council. Said 
school examiners shall hold their offices, except as hereinafter 
provided, for the term of four years and it shall be the duty 
of the said examiners to prescribe and pass upon the qualifi- 
cations of all persons who are applicants to teach in the 
public schools of said city, including the city superintendent 
of said schools, and before each annual election of teachers 
to present to the city council the names of all applicants 
who have been found qualified by them to teach in said 
public schools, together with their reccomendations touching 
the same, and out of the names thus, presented, the council 
shall select teachers for said public schools ; but the said 
city council shall have the right, in their discretion, to reject 
any or all nominations made by said board of examiners. In 
the event that out of the names thus presented to the council 
the requisite number of teachers is not elected, it shall be 
the duty of said examiners as* soon as practicable thereafter^ 
and before the beginning of the succeeding scholastic year, 
to nominate to the council other applicants qualified to teach 
in said public schools, from which names the requisite num- 
ber of teachers is to be elected by said council. At the 
election of said school examiners to be held in May, 1891, 
six members of said board of examiners shall be elected by 
said city council, three of whom shall hold their offices 
for the term of four years, and three for the term of two 
years, the city council to determine as it may see proper, to 



58 

which class eacli member so elected shall belong, whether to 
the class whose term expires in four years or to the class 
whose term expires in two years, and at each biennial 
election thereafter, the said city council shall elect three 
members of said board of examiners who shall hold their 
offices for four years and until their successors are duly 
elected and qualified. Said board of examiners may hold 
annual competitive examinations of applicants for positions 
as teachers in the public schools of said city, including 
teachers in the schools who are candidates for re election, 
and shall have power to grant certificates of qualifications 
of different grades, to all applicants who pass examinations 
and said board of school examiners shall have the power to 
adopt such by-laws, rules and regulations as they may deem 
proper and inconsistent with the laws of this State for the 
government of said board and of all proceedings before it 
pursuant to the provisions of this act. 

§ 3. The said city council shall have the power to lease 
or to build school houses, and shall have the power to buy 
or lease lands for the purpose of building school houses, 
taking the deeds and leases to themselves and their suc- 
cessors in office, also to purchase and furnish school buildings 
and to exercise all management of said city public schools, not 
inconsistent with the provisions of the preceding section. 

£ 4. The said school district shall receive its proportion- 
ate share of the public school revenue, including a pro rata 
share of the sixteenth section fund of each township which 
lies wholly or in part within the said school district, and 
shall also receive all the taxes collected as poll taxes within 
the said district, for the use and maintenance of the public 
schools therein, and for the purposes therein authorized. 

.^ 5. The said city council of Montgomery may appro- 
priate not exceeding ten per cent, of the gross revenues of 
the said city exclusive of the funds hereinbefore provided, for 
the use and maintenance of the said schools, and may also make 
such appropriation as may be necessary for the furnishing, 
lease and erection of school buildings, and for the purchase 
and lease of lands on which to erect school houses. 



59 

§ 6. By and with the consent of said school examiners,, 
said superintendent of the schools or any officer or teacher 
therein, may at any time be removed by said council, and 
when removed shall be ineligible for re-election during the 
term for which they were originally elected. All vacancies 
in the offices of the superintendent and teachers shall be 
filled in the manner provided for in section 2 of this act. 

§ 7. The superintendent of said pubic schools shall per- 
sonally overlook and supervise and manage the said public 
schools under the direction of said city council ; shall attend 
to the taking of the school census (with such assistance as 
may be allowed him by the city council) ; which census 
shall be taken for said city in the month of April of each 
odd year and it shall further be the duty of said superinten- 
dent to make full and complete reports to the State Superin- 
tendents of education and to said city council. 

§ 8. Such superintendent, before entering on the duties 
of his office, shall take the oath of office prescribed by law 
for all officers in this State, and shall give bond with security 
in such sum as may be fixed by said city council, payable to 
said city council and their successors, and conditioned as 
all other official bonds. Said bond shall be approved by 
said city council and filed in the office of the clerk of said 
city, and a certified copy thereof shall be filed with the 
Superintendent of Education. All funds drawn by the city 
clerk by direction of said city council as hereinbefore 
provided, shall be received from the city treasurer by such 
superintendent on such warrants, and disbursed and ac- 
counted for by him in like manner as required of county 
superintendents. 



CITY OF SELMA. 
AN ACT. 

To incorporate the City School Board of Selma. 

Section 1. Be it enacted by the General Assembly 
of Alabama, That George O. Baker, Courtney J. Clark, 
Edmund W. Pettus, William E. Wailes, George Peacock, 
A. M. Fowlkes, R M. Nelson, Samuel M Sterne, Jonathan 
Haralson, William P. Armstrong and Hugh S. D. Mallory, 
who are now the trustees of Dallas Male and Female Acad- 
emy, and their successors in office as such trustees, be 
and they are hereby incorporated by the name of The City 
School Board of Selma. 

Sec. 2. Be it further enacted. That the city school board 
of Selma shall have exclusive power to establish, regulate, 
control and conduct the public schools in the school district 
of Selma, and shall be capable and liable in law and in 
equity to sue and be sued, to plead and be impleaded, and 
shall have power to make such by-laws, rules and regula- 
tions for the government of their own body, and to make 
such rules and regulations for the election and pay of teach- 
ers, the admission of pupils, and the conduct and control of 
public schools in the school districts of Selma as they may 
deem necessary, not inconsistent with the constitution or 
laws of this state or of the United States. 

Sec 3. Be it further enacted, That the city school board 
of Selma shall have power to divide Selma into school dis- 
tricts and to erect, purchase or rent buildings for public 
schools, and to furnish and keep the same in repair ; to 
establish and control separate schools in Selma for the edu- 
cation of children of African descent, and separate schools 
for the education of white children, and to regulate the ad- 
mission of pupils to all such public schools in Selma; and to 
establish a high school for teaching the higher branches of 



61 

education and to award diplomas to graduates of the high 
school, under such regulations as they may adopt, and the 
city school board of Selma shall have power to collect a 
contingent fee from each pupil, not to exceed two dollars for 
any scholastic year to meet current expenses, and to fix and 
collect such tuition fees in the high school as maybe deemed 
necessary, in addition to their income from other sources to 
carry on said school. 

Sec. 4. Be it further enacted, That all money appro- 
priated to public schools in Selma by this state shall be paid 
out by the superintendent of education for the school dis- 
trict of Selma, as now provided for by law, but all money 
collected by Selma as a special tax under its charter, and all 
money collected by Selma for the purposes of public schools 
in Selma shall be paid to the treasurer of the city school 
board of Selma, to be disbursed by him under the directions 
of the city school board of Selma, and shall make annually 
in June a statistical and financial report to the city council 
of Selma. 

Sec. 5. Be it further enacted, That the city school board 
of Selma shall have power to appoint such officers and agents 
as they may deem necessary to carry into effect the powers 
herein granted, and to prescribe the duties of such officers 
and agents. 

Sec 6. Be it further enacted, That nothing in this act 
contained shall be construed to be an amendment of the 
act of the Legislature of the State of Alabama, approved 
January 30th, 1845, whereby the trustees of Dallas Male and 
Female Academy were incorporated. 

Sec 7. Be it further enacted, That all laws and parts of 
laws in conflict with this act be and the same are hereby 
repealed. 

Approved December 10, 1890. 



CITY OF IIUNTSYILLE. 

§ 1. Huntsville, a district. — The corporate limits of the 
city of Huntsville shall constitute a school district separate 
from I he remaining school districts of the county of Madi- 
son, State of Alabama. 

§ 2. Pro rata share of school revenues to be received and 
disbursed by city superintendent. — The city of Huntsville, as 
such school district, shall receive its proportional share of 
the public school revenues, including a pro rata share of 
the sixteenth section funds of each township that lies partly 
within the corporate limits of said city, and shall also receive 
all the tax collected as poll tax within the corporate limits 
of the city ; the revenues to be drawn and disbursed by the 
city superintendent ot education in the same manner as 
county superintendents of education draw and disburse 
revenues for their respective counties, and the amount thus 
drawn by the city superintendent of education shall be used 
exclusively tor the maintenance of public schools in the 
city. 

S3. City Superintendent/ bond, poivers and duties. — 
There shall be a superintendent for the city of Huntsville, 
and as such superintendent he shall give bond and qualify 
as required by law of county superintendents, and shall be 
commissioned as superintendent of public schools in the city 
of Huntsville ; and such superintendent is authorized to co- 
operate with the board of mayor and aldermen of the city of 
Huntsville, in keeping up schools in the city of Huntsville, 
and he is also fully authorized to make contracts with 
teachers for such schools, and to-make with the educational 
institutions in the city of Huntsville all such necessary and 
proper arrangements for the keeping up, managing and 
conducting the schools in the city as may be found best for 
the interests of its citizens. 

ij 4. He is under the control of State Superintendent; 
removal; appointee, in case of vacancy. — The Superintendent 



63 

of Education for the city of Huntsville shall be under the 
jurisdiction and control of the Superintendent of Education, 
and in the event of a vacancy occurring, by reason of removal 
from office of the city superintendent of education by the 
Superintendent of Education, or from any cause, the Super- 
intendent of Education shall appoint his successor; and such 
appointee shall give bond and qualify as other county 
superintendents. 

§ 5. Compensation of superintendent for city. — The super- 
intendent of education for the city of Huntsville shall receive 
for his services such compensation as may be fixed by the 
Superintendent of Education ; but in no event shall it exceed 
one hundred dollars. 

§ 6. Enumeration of children, report thereof, and com- 
pensation. — The city superintendent shall, during the month 
of September, 1877, and every two years thereafter, cause to 
be made an enumeration of all the children, white and 
colored, male and female, between the ages of seven years 
and twenty one years, who reside in the corporate limits of 
Huntsville, and make report thereof to the Superintendent 
of Education by or before the first day of October in each 
year in which the enumeration shall be taken ; and compen- 
sation shall be allowed for such enumeration, not to exceed 
five cents for each person enumerated ; but such money may 
be paid out of the money raised by the city of Huntsville 
for school purposes. 



CITY OF EUFAULA. 

The corporate limits of the City of Eufaula, in Barbour 
county, State of Alabama, shall constitute a school district 
separate and distinct from the remaining school districts and 
parts of districts of said county of Barbour. 

Sec. 2. Be it further enacted, That the public schools of 
the City of Eufaula shall be under the management of a 
city board of education consisting of five members to be 
elected annually by the city council of Eufaula at their first 
meeting in January in each year, one from each ward of 
the city at large who shall serve without pay. 

Sec 3. Be it further enacted, That the management and 
supervision of the public schools in said school district shall 
be under the city superintendent of education, with such 
salary as the city board of education may determine to be 
paid out of the city treasury as other city officers are paid; 
the city superintendent of education shall be elected by the 
city board of education, and the city superintendent shall be 
under the superintendent of education as the county school 
officers are. 

Sec 4. Be it further enacted, That the city superintend- 
ent shall take general supervision of the public schools in 
the city, make full and complete reports to the superin- 
tendent of education as the law requires of county superin- 
tendents of education, and perform such other duties as are 
required by county superintendents under the general school 
law. 

Sec 5. Be it further enacted, That the City of Eufaula as 
such school district shall receive its proportionate share of 
the public school fund including the pro rata share of the 
sixteenth section fund of each township that lies partly 
within the corporate limits of the city and shall also receive 
all moneys which are, or may be collected from license from 
the sale of liquor in beat five in Barbour county, all such 



65 

funds to be drawn from the proper authorities, and disbursed 
by the city superintendent of education in the same manner 
as comity superintendents of education draw and disburse 
funds for 'their respective counties, and the amounts thus 
drawn by the city superintendent of education shall be used 
exclusively for the maintenance of the free public schools in 
the city. 

Approved February 14, 1891. 



CITY OF TUSKALOOSA. 



§ 1. The corporate limits of the city of Tuskaloosa, and 
that portion of Tuskaloosa county, which is situated in Town- 
ship twenty-one (21), and range ten (10) west, south of the 
Warrior river, shall constitute a separate school district, 
separate and apart from the other school districts of the 
county of Tuskaloosa, and the inhabitants of said school dis- 
tricts are hereby incorporated by the name of " the school 
district of the city of Tuskaloosa." 

§ 2. The city of Tuskaloosa, as such separate school dis- 
trict, shall receive the proportionate share of the public 
school fund coming to the county of Tuskaloosa, including a 
pro rata share of the sixteenth section fund of each township 
that lies partly within the school district of the city, and 
shall receive all the taxes collected as poll 'taxes within such 
school district, said fund and taxes to be drawn and distrib- 
uted by such officer as may be appointed for that purpose by 
the board of education of the school district of the city of 
Tuskaloosa, in the same manner as county superintendents 
of education draw and disburse the funds for their respective 
counties ; and the amount thus drawn for the city of Tuska- 
3 



66 

loosa shall be used exclusively for the maintenance of public 
schools in said district, and the city of Tuskaloosa is author- 
ized to increase its school fund by receiving donations, but 
for the disbursement of all donated funds no charge what- 
ever shall be made, and the mayor and aldermen of the city 
of Tuskaloosa are hereby authorized to increase the school 
fund by levying a tax, not to exceed one-fourth of one per 
cent, on the taxable property of the said city, which shall be 
collected as the other taxes of said city. The tax collector 
of the city of Tuskaloosa shall be authorized and empowered 
to collect the State and county poll taxes of all the inhab- 
itants of said school district liable to pay said tax in the 
same manner as is now by law provided for the collection 
thereof. 

§ 3. The public schools of the school district of the city 
of Tuskaloosa, shall be under the charge of a board of educa- 
tion, to consist of the mayor of Tuskaloosa, who shall be ex 
of/icio president of said board, and four other persons, resi- 
dents of said district, to be elected by the mayor and alder- 
men of said city at their regular meeting in the month of 
July, 1875; the two first elected shall hold their office for 
the term of one year, and the two last elected shall hold 
their office for the term of two years, and at each regular 
meeting in the month of July of each year, they shall elect 
two suitable persons to succeed those whose offices have 
expired, so that two of such persons shall be elected annually, 
and the president of said board shall make reports and fur- 
nish statistics and information to the Superintendent of Edu- 
cation of the State as may be required by law of county 
superintendents of education. 

§ 4. Each member of said board of education, shall upon 
entering on the duties of his office, subscribe an oath to 
faithfully discharge all the duties enjoined upon him by law 
as such officer; such oath may be administered by the mayor 
of said city. 

§ 5. Said board of education shall have power, with the 
approval of the board of mayor and aldermen, to build upon 
the property of the city suitable houses for use and accom- 
modation of the public schools of said school district, or the 



67 

said board may rent such houses. Said board shall keep 
such houses in proper repair and shall furnish the same with 
appropriate furniture and apparatus ; Provided, that no con- 
tract shall be entered into and no disbursement of any money 
or funds, under the provisions ot this act shall be made, 
except by the consent and under the direction and control of 
the board of mayor and aldermen. 

§ 6. The said board of education shall open a sufficient 
number of schools to meet the wants of the population of 
the city of Tuscaloosa ; and said board shall elect such officers 
as are in their opinion necessary to the good government of 
said schools, and when required such officers shall, before 
entering upon the duties of their respective offices, take the 
oath of office prescribed by law for all officers in this State, 
and shall give bond in such sum as may be fixed by said 
board of education, and conditioned as all other official bonds ; 
such bond shall be approved by the president of said board 
of education and filed with the official bonds of the city, and 
a certified copy of the bond of the officer selected to receive 
the funds of said district shall be filed in the office of the 
Superintendent of Education ; and shall elect all teachers, 
fix their compensation and prescribe their duties, control 
the distribution of teachers and pupils among the several 
schools, dictate the course of instruction, the number and char- 
acter of text-books, the organization of classes, and the 
method of teaching, and shall prescribe rules and regulations 
for the government of the schools aforesaid. Such board 
shall have and exercise such other and additional powers as 
may be necessary to give it complete control of the public 
schools of said school district. Any of such officers or teach- 
ers may be removed for cause, to be determined by said 
board., 

§ 7. Said board of education may issue diplomas to all 
persons who satisfactorily complete the course of study pre- 
scribed for the public schools of said school district. 

§ 8. The children and wards of all actual residents with- 
in the limits of the school district of the city of Tuskaioosa, 
from seven to twenty-one years of age, shall be entitled to 
seats as pupils in the public schools of said city ; Provided, 



68 

such children shall themselves be bona fide residents of said 
city, and non-resident children may be admitted into such 
schools on such terms and conditions as the board of education 
may prescribe, but separate schools shall be provided for 
colored children. 

§ 9. The Board of education shall have power to charge, 
in the several grades of said schools, such incidental or other 
fees as they may deem necessary for the proper conduct of 
said schools. 

§ 10. All funds devoted to public school purposes in 
the school district of the city of Tuskaloosa whether derived 
from State, county or city, shall be paid into the treasury of 
said city, where they shall be kept and accounted for sep- 
arate and distinct from all other funds belonging to said city, 
and shall be disbursed in such manner as the board of edu- 
cation shall direct. 

§11. The board of education shall have authority to 
create a board for the examination of applicants for positions 
as teachers in the public schools of the school district of the 
city of Tuskaloosa, and no person shall be elected as a teacher 
in said schools who shall not have received a license from 
such board. 

§ 12. The board of education may, in its discretion, in- 
stitute annual competitive examinations before such persons 
as the board may select, for all applicants for licenses to 
teach in the public schools in said school district, including 
licensed teachers in said schools, who are applicants for re- 
election as teachers. 

Approved February 17, 1885. 



TROY DISTRICT. 



§ 1. The corporate limits of the city of Troy shall con- 
stitute a school district in the county of Pike, and the inhab- 
itants of said city are hereby incorporated by the name of 
" The School District of the city of Troy." 

§ 2. The city of Troy, as such separate school district, 
shall receive the proportionate share of the public school 
fund coming to the county, and shall receive all taxes col- 
lected as poll taxes within such school district, said fund 
and taxes to be drawn and disbursed by such officer as may 
be appointed for that purpose by the board of education of 
the school district of the city of Troy, in the same manner 
as county superintendents of education draw and disburse 
the funds of their respective counties; and the amount thus 
drawn for the school district of the city of Troy shall be 
used exclusively for the maintenance of public schools in 
said district, and the city of Troy is authorized to increase 
its school fund by receiving donations; but for the disburse- 
ment of donated funds no charge whatever shall be made, 
and the mayor and council men of Troy are hereby author- 
ized to increase the school funds by levying a tax, not to 
exceed one-fourth of one per centum, on the value of the 
taxable property of the city, when in their opinion they 
deem best, which shall be collected as other taxes of the 
city, and by appropriating any surplus fund arising in the 
treasury of said city to said school fund. The tax collector 
of the city of Troy shall be authorized, and is hereby em- 
powered, to collect the State and county poll taxes of all 
the inhabitants of said school district liable to pay said tax, 
in the same manner as is now or may hereafter be provided 
by law for the collection thereof. 

§ 3. The public schools of the school district of the city 
of Troy, shall be under the charge of a board of education, 



70 

to consist of the mayor of Troy, who shall be ex officio pres- 
ident of said board, and four other persons, residents of said 
district, to be elected by the mayor and councilmen of Troy 
at their regular meeting in January ; the first two elected 
shall hold their said office for the term of two years, and 
until their successors are elected and qualified, and at each 
regular meeting in the month of June of each year, they 
shall elect two suitable persons to succeed those whose office 
has expired, so that two of such persons shall be elected 
annually, and the president of said board shall make reports 
and furnish statistics and information to the Superinten- 
dent of Education of the State, as may be required by law 
of county superintendents of education. 

§ 4. Such member of said board of education shall, up- 
on entering upon the duties of his office, subscribe an oath 
to faithfully discharge all the duties enjoined upon him 
by law as such officer ; such oath may be administered by 
the mayor of said city. 

§ 5. That said board of education shall have power, with 
the approval of the mayor and councilmen of Troy, to build 
upon the property of the city, suitable houses for the use 
and accommodation of the public schools of said school dis- 
trict, or the bo'ard may rent or purchase such houses. 
Said board shall keep said houses in proper repair, and shall 
furnish the same with appropriate furniture and apparatus; 
Provided, that no contract shall be entered into, and no dis- 
bursements of any moneys or funds under the provisions of 
this act shall be made except by the consent and under 
the direction and control of the mayor and councilmen of 
Troy. 

§ 6. Said board of education may open a sufficient num- 
ber of schools to meet the wants of the population of the 
city of Troy ; and said board shall elect such officers as are, 
in their opinions, necessary to the good government of said 
schools, and when required, such officers shall before enter- 
ing upon the duties of their respective offices, take the 
oath of office prescribed by law for all officers in this State, 
and shall give bond in such a sum as may be fixed by said 
board of education, and conditioned as all other officia 



71 

bonds ; said bond shall be approved by the president of said 
board of education, and filed with the official bonds of the 
city, and a certified copy of the bond of the officers selected 
to receive the funds of said district, shall be filed in the 
office of the Superintendent of Education ; and said board 
shall elect all teachers and pupils among the several schools ; 
dictate the course of instruction ; the number and character 
of text, books ; the organization of classes, and the method of 
teaching and shall prescribe rules and regulations for the 
government of the schools aforesaid. Such board shall have 
and exercise such other and additional powers as may be 
necessary to give it complete control of the public schools of 
said school district. Any of such officers or teachers may be 
removed for cause, to be determined by said board. 

§ 7. The children and wards of all actual residents within 
the limits of the school district of the city of Troy, from 
seven to twenty one years of age, shall be entitled to seats 
as pupils in the public schools of said city; Provided, said 
children shall themselves be bona fide residents of said city, 
and the non-resident children may be admitted into such 
schools, on such terms and conditions as the board of education 
may prescribe; And provided, that separate schools shall be 
provided for colored children, and all funds derived from 
taxes collected of the colored population in said school dis- 
trict, either as poll taxes or taxes upon real and personal 
property, shall be devoted and applied exclusively to the 
support and maintenance of schools for colored children. 

§ 8. Said board of education may issue diplomas to all 
persons who satisfactorily complete the course of study 
prescribed for the public schools of said school district. 

§ 9. The board of education shall have power to charge 
in the several grades in said schools such incidental or other 
fees, as they may deem necessary for the proper conduct of 
said schools. 

§ 10. All funds devoted to public school purposes, in 
the school district in the city of Troy, whether derived from 
State, county or city, shall be paid into the treasury of said 
city, where they shall be kept separate and distinct from 
all other funds belonging to said city, and shall be dis- 



72 

bursed in such manner as the board of education may 
direct. 

§11. Be it further enacted. That the board of education 
shall have authority to create a board for the examination 
of applicants for positions as teachers in the public schools 
of the school district of the city of Troy, and no person shall 
be elected as a teacher in said schools who shall not have 
received a license from such board. 

§ 12. Be it further enacted, That the board of education 
may, in its discretion, institute annual competitive examina- 
tions before such persons as the board may select, for all 
applicants for licenses to teach in the public schools in said 
school district, including licensed teachers in said schools, 
who are applicants for re-election as teachers. 



DECATUR DISTRICT. 



§ 1. The public schools of Decatur shall be under the 
charge of a board of education, to consist of six members, 
who shall be appointed by the State Superintendent of Edu- 
cation in the following manner : The successors of L. M. Falk 
and B. F. Cross, shall be appointed to serve until January 
1st, 1892 ; the successors of mayor C. C. Austin and L. H. 
Grubbs, until January 1st, 1893; the successors of C. C. 
Harris, and a new member of the board to be appointed as 
soon as possible, to serve until January 1st, 1891. At the 
expiration of terms, successors shall be appointed for three 
years. All vacancies shall be filed by the State Superinten- 
dent of Education as soon as notified by the board of the 
vacancy, the member so appointed to serve for remainder of 
term. 



73 

§ 2. Said board shall have power to build upon the prop- 
erty of the town, suitable houses for the use and accommo- 
dation of the public schools of said town, or the said board 
may rent such bouses. 

§ 3. The said board of education shall open a sufficient 
number of schools to meet the wants of the population of 
Decatur ; and said board shall elect a superintendent of said 
schools, the principal or principals thereof and all the teach- 
ers; fix their compensation and prescribe their duties; con- 
trol the distribution of teachers and pupils among the seve- 
ral schools; dictate the course of instruction, and prescribe 
the rules and regulations for the government of said schools ; 
also, provide the text-books for the same. 

§ 4. Said board of education shall issue diplomas to all 
persons who satisfactorily complete the course of study pre- 
scribed for the public high schools of said town. 

§ 5. The children and wards of all actual residents with- 
in the corporate limits of Decatur, from seven to twenty-one 
years of age, shall be entitled to seats as pupils in the pub- 
lic schools of said town ; Provided, said children shall them- 
selves be bona fide residents of said town, and non-resident 
children may be admitted into such school, on such terms 
and conditions as the board of education may prescribe; but 
separate schools may be provided for the children of citizens 
of African descent. , 

§ 6. It shall be the duty of the board of education, before 
the first day in August of each year, to prepare and file with 
the mayor of Decatur, an estimate of \he money that will 
be required for the maintenance of the public schools of the 
town for the succeeding scholastic year, and for the erection 
and repair of necessary school buildings ; and the board of 
mayor and councilmen of said town shall make the neces- 
sary provision to supply funds required in said estimate. 

§ 7. The board of education shall have power to charge, 
in the several grades of said schools, such incidental or other 
fees as they may deem necessary lor the proper conduct of 
said schools. 



§ S. The plan of instruction, and oil rules and regulations 
adopted by said board, shall be adhered to, unless altered by 
a two thirds vote of the members thereof. 

§ 9. The board of education shall have authority to elect 
from its own members, a president, secretary and treasurer, 
to serve for a term of one, two or three years, as the board 
may prefer; the first election to be held January 1st, 3 890, 
or as soon thereafter as practicable. 

§ 10. The board of education shall have authority to cre- 
ate a board for the examination of applicants for positions 
as teachers in the public schools in the town of Decatur, and 
no person shall be elected as teacher in said schools who 
shall not have received a license from such board. 

§ 11. All funds devoted to public school purposes in De- 
catur, whether derived from the State, county or town, shall 
be paid into the treasury of said town, and shall be disbursed 
in such manner as the board of education may direct. Not 
more than four per cent, of all moneys raised, or which may 
be hereafter appropriated tor the support of public schools, 
shall be used or expended, otherwise than for the payment 
of teachers employed in such schools. 

§ 12. The treasurer who shall be elected by the board of 
education, shall, before entering upon the duties of his office, 
take the oath of office and shall give bond in a sum fixed by 
the board, not less than double the amouDt of money that 
may be in his hands at any one time, and conditioned as 
required by law ; such bond shall be approved by the State 
Superintendent of Education, and filed in his office. 

§ 13. The treasurer of the board shall draw and distribute 
the public school funds in the same manner that the county 
superintendents of education draw and distribute school 
funds, and the amounts thus drawn shall be used exclusively 
for the public schools in the town. 

§ 14. That the treasurer may be removed for cause, either 
by the said board or by the State Superintendent of Educa- 
tion. 



CULLMAN SCHOOL DISTRICT. 



§ 1. A separate school district to be known as Cullman 
School District is hereby created, to be composed of sections 
9, 10, 11, 14, 15, 16, 21, 22 and 23 in township 10 of range 3 
west, in Cullman county. 

§ 2. Adam Dreher, A. B. Hays, Julius Damus, George H. 
Parker and P. M. Musgrove, are hereby constituted and ap- 
pointed a board of trustees of said " Cullman School Dis- 
trict," who shall have power to purchase, receive, hold and 
convey for and in behalf of said school district, all such real 
and personal property as may be necessary or proper for the 
purpose of said school district, and who shall control the 
disposition of all funds which may be received by or for said 
school district. They shall also have power to build suitable 
school houses, and buy furniture for the same. 

§ 3. As soon as practicable^ after the passage of this act, 
the said persons, hereinabove named, or a majority thereof, 
shall proceed to organize said board of trustees, by electing 
one of their number president of the board, and by electing 
some suitable person or persons, whether members of the 
board or not, as secretary of the board and treasurer of the 
school district; Provided, however, the secretary of the board 
and treasurer of the district may be one and the same per- 
son, if the board shall so elect. 

§ 4. The board of trustees shall consist of five persons, 
who shall be appointed by the Superintendent of Education 
of Alabama on the 1st day of October, 1886, or as soon as 
practicable thereafter, and every two years thereafter, who 
shall likewise hold office for the term of two years, or until 
their successors are appointed and qualified. In case of a 
vacancy in said board of trustees from any cause, the remain- 
ing members of said board shall have power to fill said va- 
cancy for the unexpired term. 



76 

§ 5. The terms of service of secretary and treasurer, shall 
be for two years from date of their election, but they may be 
removed by said board of trustees at any time. The board 
shall require of the treasurer so elected, a bond in such 
amount as may be fixed by them ; in no case to be less than 
double the amount of funds that will be in his custody at 
any one time payable to said school district, and conditioned 
to safely keep and to disburse according to law all money 
which may come into his hands as treasurer of said school 
district, and to be approved by the president of said board 
and filed with him. A copy of said bond certified to by the 
president of said board, shall be filed in the office of the 
State Superintendent of Education of Alabama. The board 
may require a new or additional bond with other or addi- 
tional securities, and a different amount, whenever they see 
proper so to do. The said treasurer shall receive such com- 
pensation as may be fixed by said board of trustees, but in 
no case to be more than two per centum ot the money dis- 
bursed by him. 

§ i). No one but a freeholder resident in said district shall 
be eligible to be appointed as a member of said board of 
trustees or elected secretary or treasurer thereof. Said trus- 
tees and treasurer shall take the oath of office prescribed by 
law for all officers in this State before entering upon the 
duties of their offices. 

S 7. Said board of trustees may meet at such time and 
places within said district as they may designate, and shall 
take such measures as may be proper to establish such 
schools in said district as may be necessary for the accom- 
modation of the youth thereof of each race, to grade such 
schools, prescribe the text-books to be used therein, employ 
teachers, and generally to make such rules and regulations 
for such school district as to them may seem best and not in 
conflict with the laws of the State. -The State Superintend- 
ent of Education shall iurnish said board of trustees such 
books and blanks as are furnished to the county superin- 
tendent of education. 

S S. Said board of trustees shall have power to receive 



77 

any scholar not living in said district on such terms as they 
may designate. 

§ 9. Trustees of said district shall receive no compensa- 
tion as such trustees. 

§ 10. Said school district shall be entitled to receive its 
proportionate share of all funds raised or apportioned by the 
State for public schools, and shall also receive its pro rata 
share of the sixteenth section interest accruing to the town- 
ship of which said school district is composed ; and it shall 
receive all poll tax which may be collected from residents of 
said school district. All funds of said school district shall 
be paid to the treasurer of the district, who shall receipt for 
the same, and the Superintendent of Education of the State, 
or other proper State officers, shall give the necessary orders 
and instructions, and issue the necessary warrants or certi- 
ficates to secure the payment to said school district of all 
funds to which it may be entitled from the State or from 
poll tax, direct to the treasurer of the said school district. 

§ 11. The said board of trustees shall make annual re- 
ports to the State Superintendent of Education, the same as 
required of the county superintendents of education 



PHCENIX CITY. 



§ 1. The public schools of Phoenix City shall be under 
the charge of a board of education, to consist of the mayor 
of Phoenix City and six other persons to be elected by the 
mayor and aldermen of said city. The present board of ed- 
ucation, created by the mayor and aldermen of said city, 
shall exercise the powers and perform the duties hereinafter 
provided, and the members thereof shall hold their offices 
during the time ior which they were elected. After the 
expiration of the term of office of the members of the present 
board, the members thereof shall be elected annually. The 
successor of each member of the present board shall be 
elected at the expiration of the term of office of such mem- 
ber, and for a term of three years. 

§ 2. Each member of the said board of education, except 
the mayor, shall, upon his induction into office, subscribe an 
oath, or affirmation, to faithfully discharge all the duties 
enjoined upon him as a member of said board ; such oath 
may be administered by the mayor of said town. 

§ 3. Said board of education shall have the power to build 
upon the property of the city suitable houses for the use 
and accommodation of the public schools of said city, or the 
said board may rent such houses; said board shall keep such 
houses in proper repair, and shall furnish the same with ap- 
propriate furniture and apparatus. 

§ 4. Said board of education shall open a sufficient num- 
ber of schools to meet the wants of the population of Phoenix 
City, and said board shall elect a city superintendent of edu- 
cation, a superintendent of said schools, the principals there- 
of, and all teachers, fix their compensation, and prescribe 
their duties, control the distribution of teachers and pupils 
among the several schools dictate the course of instruction, the 
member and the character of text-books, the organization of 



79 

classes, and the method of teaching, and shall prescribe rules and 
regulations for the government of the schools'. Said board 
shall have and exercise snch other and additional powers as 
ma} 7 ' be necessary to give it complete control of the public 
schools of said city. 

§ 5. Said board of education shall issue diplomas to ail 
persons who satisfactorily complete the course of study pre- 
scribed for the public high schools of said city. 

§ 6. The plan of instruction and the rules and regulalions 
adopted by said board shall be adhered to unless altered by 
a vote of two- thirds of the said board. 

§ 7. The children and wards of actual residents within the 
corporate limits of Phoenix City, from seven to twenty-one 
years of age, shall be entitled to seats as pupils in the public 
schools of said city; Provided, such children shall them- 
selves be bona fide residents of said city, and non resident 
children shall be admitted into ,such schools on such terms 
and conditions as the board of education may prescribe ; 
Provided, that separate schools shall be provided for the chil- 
dren of African descent. 

§ 8. The board of education shall have power to charge 
in the several grades of said schools, such incidental or 
other fees as may be deemed necessary for the proper conduct 
of said schools. 

§ 9. It shall be the duty of said board of education, before 
the first Monday of April in each year, to prepare and file 
with the mayor of Phoenix City an estimate of the money 
that will be required for the maintenance of the public 
schools uf the city for the succeeding scholastic year, and for 
the erection and repair of necessary school buildings ; and 
the board of mayor and aldermen of said city shall make the 
necessary provisions to supply the funds required in said es- 
timate. 

§ 10. All funds devoted to public school purposes, in 
Phoenix City, whether derived fiom State, county or city, 
shall be paid into the treasury of said city, and shall be dis- 
bursed in such manner as the board of education may direct; 
Provided, thafnot more than four per cent, of the money 



80 

derived from the State shall be used otherwise than for the 
payment of teachers employed in such schools. 

§ 11. The board of education shall have authortity to 
create a board for the examination of applicants for positions 
as teachers in the public schools in Phoenix City, and no 
person shall be elected as teacher in such schools who shall 
not receive a license from such board. 

§ 12. The board of education may, in its discretion, insti- 
tute annual competitive examinations before such persons as 
the board may select, of applicants for positions as teachers 
in the public schools of said city, including licensed teachers 
in such schools who are applicants for re-election as teach- 
ers. 

§ 13. The mayor and councilmen shall have authority to 
levy and collect taxes on real and personal property in the 
corporate limits ; on auction sales and sales of merchandise ; 
on capital employed in business; on income of resident, or 
itinerant, or transient merchants or trades; on any business, 
profession, trade or calling, carried on in the corporate limits, 
and all other subjects of taxation within said town on which 
State taxes are now, or may hereafter be levied, by the laws 
of this State ; Provided, that no tax shall be'levied upon sales 
under judicial proceedings, or under executions, or by admin- 
istiators, executors, guardians, or under deed for the security 
or payment of debts. 



OPELIKA. 



§ 1. The corporate limits of the district of Opelika shall 
constitute a school district separate and apart from the 
remaining school districts or township of the county ot Lee. 

§ 2. The public schools of the district of Opelika shall be 
under the control and management of a board of education, 
to consist of seven persons, to be appointed by the State 
Superintendent of Education and continue in office two 
years, or until their successors shall be appointed and quali- 
fied; said term of office beginning on the first Tuesday in 
March, 1887, and every two years thereafter. 

§ 3. Each member of said board of education shall, upon 
his induction into office, subscribe an oath or affirmation 
faithfully to discharge all the duties imposed on him as a 
member of said board. 

§ 4. For good cause, any member of said board may be 
removed by the State Superintendent ot Education, and all 
vacancies in said board arising from removal, death, resigna- 
tion or otherwise, shall be filled by the State Superintendent 
of Education for the unexpired term. 

§ 5. Said board of education shall elect one of their num- 
ber to be president, and one to be secretary and treasurer, 
who shall hold their offices during the pleasure of the board ; 
a majority of the board shall constitute a quorum to trans- 
act business. 

§ 6. The president shall be chief executive officer of the 
board, who shall preside at its meetings ; he shall be ex 
officio district superintendent of education, andjshall, within 
the district of Opelika, perform all the duties required of 
county superintendents, except as hereinafter provided. In 
case of his absence or inability to act, the board may name 
a temporary vice-president, who shall during such absence 
or inability to act, have the powers of the jo resident. 



82 

§ 7. The secretary and treasurer of the board shall keep 
a true and faithful record of the proceedings ; shall preserve 
the books of said boards and file of its papers and documents, 
all of which shall be open to public inspection ; and he shall 
also periorm such other duties as may be required of him 
by said board ;■ he shall receive compensation as the board 
of education may allow. 

^ 8. A.11 funds devoted to public school purposes in the 
district of Opelika, whether derived from State, county or 
district, shall be paid directly to the secretary and treasurer 
of said board of education, in the same manner as State and 
county funds are paid to county superintendents of educa- 
tion, and shall be dispensed in such manner as the board of 
education may direct, and' only upon the warrant of the 
board, signed by the president thereof. For the faithful 
performance of all his duties, said secretary and treasurer 
shall give bond, with good and sufficient security, in such 
sum as the board of education may fix, not less than double 
the amount likely to be in his hands at any one time ; said 
bond to be approved by the judge of probate of Lee county, 
and filed in his office ; a certified copy of which, to be sent 
to the State Superintendent of Education. 

§ 9. The secretary and treasurer shall make monthly re- 
ports to the board of education, showing the amount of money 
received and paid out during the month, the vouchers for 
the same, the amount of cash on hand, the liabilities of said 
board, and such other information as may be required by 
the board. 

§ 10. The said board of education shall have power to 
establish such public schools for the white race, and such 
public schools for the c.olored race as the means and wants 
of the population of said school district may justify; may 
elect a superintendent of said schools, the principal thereof, 
and all teachers, and remove the same for good cause ; fix 
their compensation, and prescribe their duties ; control the 
distribution of teachers and pupils among the several schools ; 
dictate the course of instruction, the number and character 
text books, the organization of classes or grades, the method 
of teaching ; and shall prescribe rules and regulations for 



83 

the government of the schools. Said board shall have and 
exercise such other and additional powers as may be neces- 
sary to give it complete control of the public schools of said 
-school district ; and shall perform all the duties imposed on 
township trustees in the State. 

§ 11. The plan of instruction, kind of test books and the 
rules and regulations adopted by said board for the govern- 
ment of said public schools, shall be adherred to unless al- 
tered by a vote of two- thirds of said board. 

§ 12. Said board of education may issue diplomas to all 
persons who satisfactorily complete the course of study pre 
scribed for the public high schools of said district. 

§ 13. All bona fide residents within the corporate limits 
of the district of Opelika, from seven to twenty-one years of 
age, shall be entitled to seats as pupils in the public schools 
of said district; Provided, non-residents may be admitted 
into such schools on such terms and conditions as the board 
of education may prescribe. 

§ 14. The board of education shall have authority to cre- 
ate a board for the examination of applicants for posicions as 
teachers in the public schools of the district of Opelika, and 
no person shall be elected as a teacher in such schools who 
shall not have received a license from such board ; Provided, 
said board is authorized to carry out any contract with 
teachers existing at the time of the approval of this act, if 
they see proper. 

§ 15. The board of education may, in its discretion, insti- 
tute, before such persons as the board may select, annual 
competitive examinations ot applicants for positions as 
teachers in the public schools of said district, including li- 
censed teachers in said schools, who are applicants for re- 
election as teachers. 

§ 16. Said board of education shall control, manage, and 
disburse all revenues which may be raised by special tax or 
otherwise for the maintenance of the public schools in the 
district of Opelika, under such rules and regulations as the 
board may prescribe ; Provided, that where donations or con- 
tributions are made to the public schools of the district of* 
Opelika, or to any one of them, the board shall apply the 



S4 

donations or contributions in the manner indicated by the 
party or parties contributing. 

§ 17. Said board of education shall have power to buy 
lands for the purpose of erecting school buildings thereon, or 
to provide suitable school buildings by rent or purchase, and 
all necessary furniture, equipments and apparatus; the title 
to said property to be vested in said board of education and 
their successors in office. 

§ 18. Said board of education shall have power to charge 
in the several grades of the public schools of the district of 
Opelika such incidental or other fees as may be deemed ne- 
cessary for the proper conduct of said schools. 

§ 19. The district of Opelika, as a separate school district, 
shall receive its proportionate share of the school fund appor- 
tioned to Lee county, including a pro rata share of the six- 
teenth section fund of each township that lies partly within 
the corporate limits of said district of Opelika, and all the 
poll tax collected in corporate limits of said district, and all 
other funds set apart by the State for school purposes ; 
Provided, that not more than four per cent, of said fund de- 
rived from the State shall be used otherwise than for the 
payment of teachers employed in the public schools of the 
district of Opelika. 

Approved February 22, 1887. 



PRATTVILLE DISTRICT. 



§ 1. Township 17, ranee 16, in Autauga county, is 
hereby made a separate school district, independent 
of the public school system of this State ; said district 
shall receive its pro rata share of the educational funds 
of this State, and its chief executive officer shall make 
the same regular reports to the State Superintendent of Ed- 
ucation as are required of county superintendents of educa- 
tion under the school laws of Alabama. 

§ 2. The trustees of the Rrattville Male and Female 
Academy are hereby constituted ex officio commission- 
ers of education for said district, who shall have charge 
of the public school property therein, shall elect all 
teachers, supervise, regulate and carry on the schools in said 
district, and make the same efficient by whatever rules they 
may adopt, not in conflict with the laws of this State and of 
the United States. 

§ 3. Said commissioners shall receive from the State Su- 
perintendent of Education and from the tax collector of 
Autauga county the pro rata share of the educational funds 
of said school district ; and said commissioners shall 
have power to levy and collect an annual tax of not more 
than one half of one per centum on all the taxable property 
in said district; and the tax assessor in the county of Au- 
tauga shall, by the direction of said commissioners, assess 
said tax, which said assessment shall be collected by the tax 
collector of Autnuga county at the same time and in the 
same manner as the annual State and county taxes are col- 
lected, and said tax, when collected, shall be paid over to 
the commissioners of said school district, who shall receipt 
for the same, less two per cent.. for assessing and two per 
cent, for collecting, hereby allowed said assessor and col- 
lector, and the general laws of this State governing the 



86 

assessment and collection of State and county taxes shall 
apply to the same in said school district; that they shall 
regulate and receive all entrance and incidental fees. 

§ 4. The public school fund shall be applied as provided 
by law, and the moneys arising from taxations and fees 
shall be appropriated for the benefit exclusively of the race 
paying the same. 



CITY OF TUSCUMBIA. 



§ 1. The corporate limits of the City of Tuscumbia, in 
Colbert county, Alabama, shall constitute a school district 
separate and apart from the other school districts in the 
county of Colbert, and the inhabitants of said city of Tus- 
cumbia are hereby incorporated by the name of " The School 
District of the City of Tuscumbia." 

§ 2. The city of Tuscumbia as such separate school dis- 
trict shall receive the proportionate share of the public 
school fund coming to the county of Colbert, including a 
pro rata share of the sixteenth section fund of that township 
that lies partly within the school district of the said city, and 
shall receive all the taxes collected as poll taxes within such 
school district, commencing with the scholastic year begin- 
ning October 1st, 1888, tor the use and maintenance of the 
public schools therein ; said fund and taxes to be drawn by 
such officer as may be appointed for that purpose by the 
board of education of the school district of the city of Tus- 
cumbia in the same manner as county superintendents of 
education draw the funds of their respective counties, said 
officer to give such bond as may be required by the board, 
payable and conditioned as bonds of county superintend- 



87 

ents. And the amount thus drawn shall be paid to the 
treasurer of said board of education. 

§ 3. All funds devoted to public school purposes in the 
school district of the city of Tuscumbia, whether derived 
from State, county or city, shall be paid to the treasurer of 
said board of education and shall be disbursed in such man- 
ner as the board of education shall direct; not more than 
five per cent, of all moneys raised or which may be hereafter 
appropriated for the support of public schools in said city, 
shall be used or expended otherwise than for the payment 
of teachers employed in such school. 

§ 4. The public schools of the school district of the city 
of Tuscumbia shall be under the charge of a board of educa- 
tion, to consist of the mayor of the city of Tuscumbia, who 
shall be ex officio president of said board, and six other per- 
sons, residents of said city of Tuscumbia, to be elected by 
the board of mayor and aldermen of the city of Tuscumbia 
at their regular meeting in the month of March, 1889, or as 
st)on thereafter as practicable ; the first two elected shall 
hold their office for a term of two years, and the second two 
elected shall hold their office for the term of four years, the 
last two elected shall hold their office for the term of six 
years, and at each regular meeting in January biennially or 
as soon thereafter as practicable, they shall elect two suit- 
able persons to succeed those whose offices have expired, so 
that two such persons shall be elected biennially. Vacan- 
cies in said board shall be filled by election of board of 
mayor and aldermen of the city of Tuscumbia, at the first 
regular meeting of said board after the occurrence thereof; 
or soon thereafter as practicable, the members so elected to 
serve for the remainder of the unexpired term. The presi- 
dent of said board shall make reports and furnish statistics 
and information to the superintendent of education of the 
State as may be required by law of county superintendents 
of education. 

§ 5. Each member of the board of education except the 
president shall, on his induction into office, take the follow- 
ing oath : I do solemnly swear that I will use my best en- 
deavors to carry out faithfully all the laws now in force and 



88 

those hereafter enacted to provide a school fund and to reg- 
ulate the public schools of the city of Tuscumbia, so help 
me God. Said oath may be administered by the mayor of 
said city. 

§ 6. Said board of education shall have power, with the 
approval of the board of mayor and aldermen of said city, 
to build upon the property of the city suitable houses for 
use and accommodation of the public schools of said dis- 
trict, or said board may rent such houses. Shall board shall 
keep said houses in proper repair and shall furnish the same 
with appropriate furniture and apparatus; Provided, that 
no contract shall be entered into and no disbursements of 
any moneys or funds under the provisions of this act shall 
be made except by the consent and under the direction and 
control of the board of mayor and aldermen. 

§ 7. The said board of education may open a sufficient 
number of schools to meet the wants of the population of 
the city of Tuscumbia, and said board shall elect such offi- 
cers as are in their opinion necessary to the good govern- 
ment of said schools, and when required such officers shall, 
before entering upon the duties of their respective offices, 
take the oath of office prescribed by law for all officers in 
this State, and shall give bond in such sum as may be fixed 
by said board of education and conditioned as all other official 
bonds. Such bonds shall be approved by the president of 
said board of education, and filed with the other official bonds 
of the city, and a certified copy of bond of the officer selected 
to receive the funds of said district shall be filed in the 
office of the State Superintendent of Education ; and shall 
elect a superintendent and all teachers, fix their compensa- 
tion and prescribe their duties, control distribution of teachers 
and pupils among the several schools, dictate the course of 
instruction, the number and character of text books, the or- 
ganization of classes, and shall prescribe rules and regula- 
tions for the government ot the schools aforesaid. Such 
board shall have and exercise such other additional powers 
as may be necessary to give it comple control of the public 
schools of the district. Any of such officers or teachers may 
be removed for cause to be determined bv said board. 



89 

§ 8. Said board of education may issue diplomas to all 
persons who satisfactorily complete the course of study pre- 
scribed for the public schools of said school district. 

§ 9. The children and wards of actual residents within 
the limits of the school district of the city of Tuscumbia, 
from seven to twenty-one years of age, shall be entitled to 
seats as pupils in the public schools of said city ; provided, 
such children shall themselves be bona fide residents of said 
city, and non-resident children may be admitted into such 
schools on such terms and conditions as the board of educa- 
tion may prescribe ; but separate schools shall be provided 
for the colored children. 

§ 10. The board of education shall have power to charge 
in the several grades in said schools such individual or other 
fees as they may deem necessary for the proper conduct of 
said schools. 

§ 11. The said board of education shall have authority to 
create a board for the examination of applicants for positions 
as teachers in the several grades of the public schools of said 
district of the city of Tuscumbia, and no person ehall be 
elected as a teacher in said schools who shall not have re- 
ceived a license from such board. 

§ 12. The said board of education shall have authority to 
elect trom its own members a secretary, treasurer and such 
other officers as may be required to serve for one year or 
until their successors are duly elected and qualified. 

§ 13. It shall be the duty of the board of education, be- 
fore the first day of August of each year, to prepare and file 
with the mayor of Tuscumbia an estimate of the money that 
will be required for the maintenance of the public schools 
of said district for the succeeding scholastic year, and for the 
erection and repair of necessary school buildings in order 
that the board of mayor and aldermen of said city of Tus- 
cumbia may make the necessary provisions to supply the 
funds required in said estimate. 

§ 14. Said board of education shall have power to enact 
by-laws, rules and regulations necessary for its government. 

Approved February 26, 1889. 



90 

[By act approved February 16, 1S91, the board of educa- 
tion of the separate school district of Tuscumbia aud their 
successors are declared successors in office of the trustees of 
the Tuscumbia Male Academy.] 



CITY OF GADSDEN. 



S 1. The corporate limits of the city of Gadsden, Alabama, 
as they now or may hereafter exist, shall constitute a public 
school district separate and apart from the remaining school 
district of Etowah county, and shall be knows as the Gads- 
den Public School District. 

£ 2. The city council of Gadsden, and their successors in 
office shall constitute a board of trustees for said school dis- 
trict, who shall, as soon as practicable, proceed to establish 
and control said public school district under the regulations 
hereinafter set forth. ' 

£ 3. The said city council shall have the power to buy 
and lease lands for the purpose of building school buildings, 
or lands with school buildings thereon, to be used for school 
purposes, taking the deeds to themselves, and their succes- 
sors, and also to purchase, erect and furnish school buildings. 

§ 4. Said city council are authorized to establish and lo- 
cate the number of public schools to be taught each year 
within said school district, and elect trustees for the same, 
whether for males or females, white or colored, and perform 
all other duties necessary to the proper regulation and main- 
tenance of such schools. 

§ 5. The Gadsden public school district shall receive its 
proportionate share of the public school revenue, including 
its pro rata share of the sixteenth section fund, and shall also 
receive all the tax collected as poll taxes within the limits of 



91 

said school district for the use of maintenance of the public 
schools therein, in the same manner as the county superinten- 
dents receive school funds. All moneys collected or received 
by the city of Gadsden for school purposes pursuant to this 
act, shall be paid over to the treasurer of said city and be 
kept by him separate and apart from all other funds of the 
city, and shall be paid out only on warrant in favor of the 
city superintendent of schools drawn by the clerk of said 
city on a resolution or ordiance of said city council. 
And the said city council shall require a separate bond from 
the city treasurer for the safe keeping of said funds in such 
sum and with such condition and security as they may pre- 
scribe, and payable to said city council and their successors, 
which bond shall be filed with the city clerk, and shall be 
renewed from time to time as said city council may direct. 
§ 6. A tax of one-fifth of one-per cent, in addition to the 
per cent, of tax levied by the State for State purposes, 
shall be levied by the tax assessor of Etowah county on all 
property taxed by the State within the limits of said Gadsden 
school district for public school purposes, and shall file such 
assessment with the treasurer of said city of Gadsden at the 
same time and manner he files his assessments for the State 
and county taxes with the probate judge of Etowah county. 
And the tax collector of Etowah county shall collect said 
taxes in the same manner as he collects the taxes 
for the State and county, and the same remedies shall 
be used and employed by him for collecting such taxes as 
are granted under the general law for collecting taxes for 
the State and county. The same power and jurisdiction as 
to this matter being granted and conferred on the probate 
judge andx^robate court of Etowah county to issue execution 
and condemn property, as tney have in collecting and en- 
forcing liens for State taxes. And said tax assessor and 
collector shall be allowed the same rate of commission for 
assessing and collecting such taxes as are allowed for assessing 
and collecting State taxes. And said tax collector shall pay 
over said taxes as he collects them to the city treasurer of 
Gadsden, taking his receipt therefor, and the tax assessor 
and the tax collector shall be required to make settlements 



92 

for such taxes with the city authorities of Gadsden, as they 
are required to make with the commissioners court of Etowah 
county for State and county taxes. And the same liability 
and remedies shall attach to their bonds for aDy default and 
dereliction of duty in this behalf as are given the State and 
county on their bonds for like default and dereliction. 

§ 7. Said city council shall have power to elect a super- 
intendent of the public schools of said district, who shall 
hold his office for two years. Such superintendent, before 
entering upon the duties of his office, shall take the oath of 
office prescribed by law, for such officers in this State, and 
shall give bond with security in such sum as may be fixed 
by said council and their successors, and conditioned as ail 
other official bonds. Said bond shall be approved by said 
city council and filed in the office of the clerk of said city, 
and a certified copy thereof shall be filed with the State Sup- 
erintendent of Education. All funds drawn by the city 
clerk by direction of said city council as heretofore provided, 
shall be received from the city treasurer by such superinten- 
dent on such warrants, and disbursed and accounted for by 
him in like manner, as is required by county superinten- 
dents. 

§ 8. Said superintendent of public schools of the Gads- 
den School District, may be removed at any time, either by 
said city council or by the State Superintendent of Educa- 
tion, and, when removed shall be ineligible to re election 
during the time for which he was elected. All vacancies 
for the office of the superintendent shall be filled by election 
by said city council, at any regular or special meeting called 
for that purpose, and the person so elected shall hold for the 
unexpired term, and shall qualify as above required. The 
said superintendent shall be commissioned by the State Sup- 
erintendent of Education, and he shall receive such compen- 
sation, to be paid out of the fund provided for in this act, as 
said city council may fix. Said superintendent shall make 
full and complete reports to the said city council, and to the 
State Superintendent of Education, and perform such other 
duties as are required by law of county superintendents of 
education, not inconsistent with this act, and also such other 



93 

duties as said city council may require, not inconsistent 
with this act, and the general laws of the State. 

§ 9. All moneys collected under this act from the white 
race, shall gO'to the support of white schools, and ail moneys 
collected from the colored race shall be applied to the sup- 
port of the colored schools, that shall- be established in said 
school district, and to carry out the provisions of this section, 
it shall be the duty of the tax assessor in making assessments 
under the provisions of this act, to note on the assessment 
book the race to which all property assessed belongs, and 
the duty of the tax collector to report how much of said tax 
has been collected from each race. 



UNIONTOWN. 



§ 1. The city of Uniontown and that portion of Perry 
county situated in township seventeen, range six, east, shall 
constitute a school district, separate and apart from the other 
school districts in the county of Perry, and the inhabitants 
of said township are hereby incorporated by the name of 
" the School District of the city of Uniontown." 

§ 2. The city of Uniontown, as such separate school dis- 
trict, shall receive the proportionate share of the public 
school fund coming to the county of Perry, including the 
sixteenth section fund of said township, and shall receive all 
the taxes collected as poll taxes within such school district, 
said fund and taxes to be drawn and distributed by such offi- 
cer as may be appointed for that purpose by the board of 
education of the school district of the city of Uniontown, in 
the manner as county superintendents draw and disburse 
the funds of their respective counties ; and the amount thus 



91 

drawn for the school district of the city of Uniontown, shall 
be exclusively for the maintenance of public schools in said 
district, and the city of Uniontown is authorized to increase 
its school fund by receiving donations; but for the disburse- 
ment of donated funds no charge whatever shall be made, 
and the mayor and aldermen of the city of Uniontown are 
hereby authorized to incrase the school funds by levying a 
tax, not to exceed one-half of one per cent, on the taxable 
property of said district, which shall be collected as the 
other taxes of said district. The tax collector of the county 
of Perry shall continue to collect the poll taxes of all the in- 
habitants of said school district liable to pay said tax, in the 
same manner as is dow provided by law for the collection 
thereof, and shall pay the same over to the treasurer of the 
board of education of said school district. 

[By act approved February 16, 1S91, the mayor and coun- 
cil of Uniontown are authorized to annually appropriate as 
much as ten per cent, of the general revenue of said city, 
and all or any portion 'of the revenue arising from licenses 
granted and issued by said mayor and council for the bene- 
fit and support of the free public schools in said city.] 

§ 3. The public schools of the school district of the city 
of Uniontown, shall be under the charge of a board of edu- 
cation, to consist of the mayor of Uniontown, who shall be 
ex officio president of said board, and four other persons, res- 
idents of said district, to be elected by the mayor and alder- 
men of said city at their regular meeting in July, 1887. 
The two first elected shall hold office for the term of one 
year, and the two last elected shall hold office for the term of 
two years, and at each regular meeting in the month of July 
of each year, they shall elect two suitable persons to succeed 
those whose terms have expired, so that two of such persons 
shall be elected annually, and the president of said board 
shall make reports and furnish statistics and information to 
the Superintendent of Education of the State, as may be re- 
quired by law of county superintendents of education. 

§ 4. Each member of said board of education shall, upon 
entering upon the duties of his office, subscribe an oath to 
faithfully discharge all the duties enjoined upon him by law 



95 

as such officer ; such oath may be administered by the mayor 
of said city. 

§ 5. Said board of education shall have power, with the 
approval of the mayor and aldermen, to build upon the 
property of the city, suitable houses for the use and accom- 
modation of the public schools of said district, or the said 
board may rent such houses. Said board shall keep said 
houses in repair, and shall furnish the same with appropriate 
furniture and apparatus; Provided, that no contract shall 
be entered into, and no disbursements of any moneys or 
funds under the provisions of this act shall be made, except 
by the consent and under the direction of the board of mayor 
and aldermen. 

§ 6. Said board of education may open a sufficient num- 
ber of schools to meet the wants of the population of said 
district ; and said board shall elect such officers as are, in 
their opinion, necessary to the good government of said 
schools, - and when required, such officers shall, before enter- 
ing upon the duties of their respective offices, take the oath 
of office prescribed by law for all officers in this State, and 
shall give bond in such sum as may be fixed by said board 
of education, and conditioned as all other official bonds ; 
said bond shall be approved by the president of said board 
of education, and filed with the other official bonds of the 
city, and a certified copy of the bond of the officer selected 
to receive the funds of said district shall be filed in the office 
of the superintendent of education; and shall elect all 
teachers, fix their compensation, prescribe their duties, con- 
trol the distribution of teachers and pupils among the sev- 
eral schools; dictate the course of instruction, the number 
and character of text books, the organization of classes, and 
the method of teaching ; and shall prescribe rules and regu- 
lations for the government of the schools aforesaid. Such 
board shall have and exercise such other and additional 
powers as may be necessary to give it complete control of 
the public schools of said school district. Any of such offi- 
cers or teachers may be removed for cause, to be determined 
by said board. 



96 

§ 7. Said board of education may issue diplomas to all 
persons who satisfactorily complete the course of study pre- 
scribed for the public high schools of said district. 

£ 8. The children and wards of all actual residents within 
the limits of the school district of the city of Uniontown, 
from seven to twenty- one years of age, shall be entitled to 
seats as pupils in the public schools of Uniontown ; Provided, 
such children shall themselves be bona fide residents of said 
district, and non-residents may be admitted into such 
schools, on such terms and conditions as the board of educa- 
tion may prescribe; but separate schools shall be provided 
for colored children. 

§ 9. The board of education shall have power to charge 
in the several grades in said schools such incidental or other 
fees as they may deem necessary for the proper conduct of 
said schools. 

§ 10. All funds devoted to public school purposes, in the 
school district of the city of Uniontown, whether derived 
from State, county or city, shall be paid over to the treasurer 
of said board of education, and shall be disbursed in such 
manner as the board of education shall direct. 

§ 11. The board of education shall have authority to 
create a board for the examination of applicants for posi- 
tions as teachers in the public schools of the school district 
of the city of Uniontown, and no person shall be elected as 
a teacher in said schools who shall not have received a license 
from such board. 

§ 12. The board of education may, in its discretion, insti- 
tute annual competitive examinations, before such persons 
as the board may select, for all applicants for licenses to 
teach in the public schools of the school district, includ- 
ing licensed teachers in said schools who are applicants for 
re-election as teachers. 

Approved February 22, 1887. 



CITY OF SHEFFIELD. 



§ 1. The corporate limits of the city of Sheffield, Alabama, 
shall constitute a school district separate and apart from the 
remaining school districts in Colbert county. 

§ 2. The city council of Sheffield and their successors in 
office shall constitute a board of trustees for said school dis- 
trict, who shall, as soon as practicable, proceed to establish 
and control said school district under the regulations here- 
inafter set forth. 

§ 3. The said city council shall have the power to buy 
and lease lands for the purpose of building school houses, 
taking the deeds and leases to themselves and successors, 
and also to purchase and erect and furnish school buildings. 

§ 4. The said city council are authorized to establish and 
locate the number of schools to be taught each year within 
said school district and elect teachers for the same, whether 
for males or females, white or colored, and perform all other 
duties necessary to the proper regulation and maintenance 
of such schools. 

§ 5. The city of Sheffield shall receive its proportionate 
share of the public school revenue, including a pro rata share 
of the sixteenth section fund of each township that lies 
wholly or partly within the corporate limits of said city, and 
shall also receive all the tax collected as poll taxes within the 
corporate limits of said city for the use and maintenance of 
the public schools therein. All funds collected or received 
by said city of Sheffield pursuant to this act, shall be paid 
over to the treasurer of said city and be kept by him sepa- 
rate and apart from all other funds of said city, and shall be 

paid out only on a warrant in favor of , drawn by the 

clerk of said city council on a resolution or ordinance of said 
city council, and said city council is authorized to require of 
4 



98 

said treasurer a separate bond for the safe keeping of said 
fund in such sum and with such condition and security as 
they may prescribe, and payable to said city council and 
their successors, which bond shall be filed with the city 
clerk and shall be renewed from time to time as said city 
council may direct. 

§ 6. The said city council may appropriate not exceeding 
ten per cent, of the gross revenues of said city exclusive of 
the funds hereinbefore provided for the use and mainte- 
nance of schools and for the erection, lease, purchase, repair 
and furnishing of school houses and for the purchase or lease 
of lands on which to erect the same. 

§ 7. Said city council shall have power to elect a super- 
intendent of the public schools of said district who shall hold 
his office for two years ; such superintendent, before enter- 
ing on the duties of his office, shall take the oath of office 
prescribed by law for all officers in this State and shall give 
bond with security in such sum as may be fixed by said 
city council, payable to said city council and their suc- 
cessors and conditioned as all other official bonds; said bond 
shall be approved by said city council and filed in the office 
of the clerk of said city and a certified copy thereof shall be 
filed with the State Superintendent of Education. All funds 
drawn by the city clerk by direction of said city council as 
hereinbefore provided, shall be received from the city treas- 
urer by such superintendent on such warrants and disbursed 
and accounted for by him in like manner as is required of 
county superintendents. 

§ 8. Said superintendent of public schools for the city of 
Sheffield, may be removed at any time, either by said city 
council or by the State Superintendent of Education, and 
when removed shall be ineligible to re-election during the 
term for which he was originally elected. All vacancies in 
the office of superintendent of such sciiools shall be filled by 
election, by said city council, at any regular or special meet- 
ing called for that purpose, and the person so elected shall 
hold for the unexpired term,, and shall qualify and give bond 
as above required. The said superintendent shall be com- 
missioned by the State Superintendent of Education, and he 



99 

shall receive such compensation to be paid out of the fund 
provided for in this act as said city council may fix. Said 
superintendent shall make full and complete reports to the 
said city council and to the State Superintendent of Educa- 
tion, and perform such other duties as are required by law 
of county superintendents of education not inconsistent with 
this act, and also such other duties as said city council 
may require not inconsistent with this act and the general 
laws of the State. 

Approved February 28, 1889. 



LAFAYETTE. 



§ 1. The corporate limits of the town of LaFayette, Ala- 
bama, shall constitute a school district, separate and apart 
from the remaining school districts of Chambers county. 

§ 2. The trustees of LaFayette College, and their suc- 
cessors in office, shall constitute a board of trustees for said 
school district, who shall, as soon as practicable, proceed to 
establish and control said school district under the regula- 
tions hereinafter set forth. 

§ 3. Said board of trustees are authorized to establish 
and locate the number of schools to be taught each year 
within said school district, and elect officers and teachers for 
the same, and shall perform all other duties necessary to the 
proper organization, regulation and maintenance of such 
schools. 

§ 4. Said school district shall receive its proportionate 
share of the public school fund coming to the county, and 
shall receive all taxes collected as poll taxes within such 
school district — said funds and taxes to be drawn and dis- 
bursed by such officers as may be appointed for the purpose 
by the board of trustees, in the same manner as county su- 



100 

perintendents of education draw and disburse the funds of 
their respective counties, and the amount thus drawn shall 
be used exclusively for the maintenance of public schools in 
said distiict. 

§ 5. Said board of trustees shall receive and disburse all 
funds donated to the public schools of LaFaj^ette or appro- 
priated to said schools by the town council of LaFayette. 

§ 6. Said board of trustees shall have power to charge 
such incidental or other fees as they may deem necessary 
for the proper conduct of said schools. 

§ 7. Said board of trustees shall have the authority to 
create a board for the examination of applicants for positions 
as teachers in the public schools of LaFayette, and no person 
shall be elected as a teacher in said school who shall not 
have received a license from such board. 

§ 8. The children and wards of all actual residents within 
the town of LaFayette, from seven to twenty-one years of 
age, shall be entitled to seats as pupils in the public schools 
of LaFayette ; Provided, such children shall, themselves, be 
bona fide residents of said school district, and non-residents' 
children may be admitted into such schools on such terms 
and conditions as the board of trustees may prescribe, but 
separate schools shall be provided for colored children. 

Approved February 28, 1889. 



CITY OF FLORENCE. 



Sec. 1. A separate school district is hereby established 
in the city of Florence, the boundaries of which shall be the 
corporate limits of the city of Florence. 

Sec 2. The mayor and aldermen of the city of Florence 
are hereby authorized and empowered to elect trustees and 
prescribe their duties and powers; to authorize them to re- 
ceive, hold, transmit and convey the title to real and per- 
sonal property, and to do and perform such other duties as 
may be deemed advisable, for the purpose of establishing 
and maintaining, in said limits, a school or schools, or a sys- 
tem of graded schools. 

Sec. 3. The said mayor and aldermen of the city of Flor- 
ence are hereby authorized and empowered to adopt and en- 
force such ordinance or ordinances as may be deemed advisa- 
ble for the full establishment and maintenance of said school 
or schools, or a system of schools, also to erect, equip and 
maintain such buildings and premises as may be advisable 
for the same ; Provided, that nothing in this act shall be 
construed to limit or abridge the powers already conferred 
by law upon the said corporate authorities of said city. 

Sec. 4. Said school district shall be entitled to receive its 
proportionate share of all funds raised or appropriated by the 
State, for public schools ; also its proportionate share of the six- 
teenth section fund accruing to the township of which said 
school district is a part, and it shall receive all poll tax which 
may be collected from residents of said school district, and 
all funds which may be donated thereto. 

Sec 5. Until the said corporate authorities of said city 
shall provide some other bonded officer for that purpose, the 
treasurer of said city shall receive and disburse all funds of 
said district, shall keep said funds and the accounts thereof 
separate from the general funds of said city and for any de- 



102 

fault therein he and his sureties shall be liable, as for the 
general funds of said city. 

Sec. 6. Be it further enacted, That the State Superinten- 
dent of Education, or other proper officer of the State, shall 
give the necessary orders and instructions and issue the neces- 
sary warrants and certificates to secure the payment to the 
treasurer of the city of Florence, or to such other officer as 
said corporate authorities shall designate, all funds to which 
said district may be entitled. 

Sec 7. Be it further enacted, That the mayor and alder- 
men of the city are hereby authorized and empowered to 
levy and collect a tax upon the property within its limits, 
for the maintenance of said schools, to such amount as said 
corporate authorities may deem advisable within constitu- 
tional limits. 

Approved February 18, 1S91. 



CITY OF ANNISTON. ' 



Sec. 1. The territory within the corporate limits of the City 
of Anniston shall be a school district separate and apart 
from the remaining districts in the county of Calhoun. 

Sec 2. Be it further enacted, That the public schools of 
the City of Anniston shall be under the control and manage- 
ment of a board of education, to consist of nine suitable per- 
sons to be elected by the mayor and council of Anniston 
from the qualified electors of the city at its first regular 
meeting in March, 1891 ; such board to be divided into three 
classes, three in each class. The first class shall hold office 
for a term of two years, the second for four years and the 
third for six years, and biennially thereafter the city council 
shall elect the successors of the three members of the board 



103 

whose term of office expires, and they shall hold for a term 
of six years. Vacancies in said board caused by death, 
resignation or removal shall be filled for the unexpired term 
by the city council. The board shall elect a chairman from 
its members who shall hold office for a term of two years. 
He shall have the right to vote upon all questions before 
said board, and shall have a casting vote where there shall 
be a tie. 

Sec. 3. Be it further enacted, That each member of said 
board shall, upon his induction into office take and subscribe 
an oath or affirmation faithfully to discharge the duties im- 
posed upon him as a member of such board. A majority 
shall constitute a quorum for the transaction of business. 
The members shall receive no compensation. 

Sec. 4. Be it further enacted, That said board may pro- 
vide all rules, by-laws, or regulations necessary tor the con- 
duct of business that may come before it, and may elect a 
secretary, who shall hold office at its pleasure, who shall 
receive such compensation as such board may prescribe. 

Sfc 5. Be it further enacted, That it shall be the duty of 
such board, annually, before the first day of May, to submit 
a statement to the mayor and city council aforesaid, showing 
the amount of money required for the support and main- 
tenance of the public schools of the city for the next ensuing 
scholastic year, and for the erection, rental or repair of the 
necessary school buildings, together with a statement of the 
probable amount of money that will be received from the 
state school fund, or from any other source. When such 
statement shall have been made, the mayor and city council 
shall make an appropriation to supply whatever additional 
amount may be necessary, but it shall not be required to ap- 
propriate more than twenty per cent, of the gross revenues 
of the city for such schools ; but it may in its discretion ap- 
propriate larger sums, or make special appropriations for the 
erection, repair or rental of school houses ; and all moneys 
whether received from the city or from the State, county or 
other source, shall be placed by the city treasurer to the cred- 
it of such board of education, separate and apart from other 



104 

funds in his hands, and shall be disbursed as prescribed by 
said board. 

Sec. 6. Be it further enacted, That such board shall elect 
a superintendent of the public schools of such separate 
school district, who shall hold office for a term of two years, 
unless sooner removed, and he shall perform the duties and 
receive such s.alary as the board may prescribe. It shall 
also elect all teachers, fix their duties and compensation ; 
prescribe the qualifications necessary to become a teacher in 
said schools, and said board, or a committee thereof, shall 
examine all applicants to teach in said schools, and from 
such applicants it shall select such as may be considered 
best qualified to fill the position of teachers. The board 
may provide all rules and regulations necessary for the con- 
duct of such schools, and it may require the use of such text- 
books as it may think proper. 

Skc 7. Be it further enacted, That said board of educa- 
tion shall have power to lease, purchase, build, or keep in 
repair school houses; and all property, real or personal, now 
used by the mayor and city council of Anniston, for school 
purposes shall vest in and be under the control of said board,, 
and shall be used for the same purposes upon its organiza- 
tion. 

Sec. 8. Said board of education shall receive its propor- 
tionate share of the public school revenue, including a pro 
rata share of the sixteenth section fund of each township 
which lies wholly or in part within said school district, and 
shall receive all the taxes collected as poll taxes within the 
said district for the use and maintenance of the public 
schools therein, and for the purposes herein authorized, 
which said moneys shall be paid over to the treasurer of the 
city of Anniston, and shall be by him kept and disbursed as 
provided by section five ot this act. 

Sec. 9. The superintendent of said schools shall attend to 
the taking of the school census (with such assistance as may 
be allowed him by said school board) whenever such census 
is required to be taken, and he shall make a full report of 
the same to said board and to the State Superintendent of 
Education. 



105 

Skc. 10. Said board of education shall have power to 
charge in the high schools (if such be established) such inci- 
dental or other fees, as may be necessary lor the proper con- 
duct of such high schools, but no fee shall be charged in any 
school of lower grade than the high school. 

Approved January 28, 189 1 . 



ATTALLA. 



Section 1. The corporate limits of the city of Attalla, 
Etowah county, and the inhabitants thereof, are hereby in- 
corporated by the name of the school district of the city of 
Attalht. 

Sec. 2. Said school district shall receive each year its 
"proportionate share of the school fund coming to Etowah 
county, from whatever source derived, and its proportionate 
share of the sixteenth section fund, and also all the taxes 
collected as poll taxes in said district, which fund and taxes 
and all other funds for the use of said school district are to 
be controlled, managed and expended as hereinafter named. 

Seo. 3. A board of education, to be known as the board 
of education of said school district, is hereby appointed to 
consist of the mayor of said town, who shall be ex officio 
president thereof, and four other persons, who for one year 
next preceding their election, shall have been bona fide 
residents of said town, and who shall be elected by the 
qualified electors of said district at the time the election is 
held for mayor and aldermen of said town, and whose term 
of office shall be three years from the date of their election, 
and the election of said board shall be held by the inspectors 
appointed to hold an election for mayor and aldermen of said 



106 

town, and the returns of said election shall be certified to 
said mayor and aldermen, who shall declare the result 
thereof. 

Sec. 4. Be it further enacted., That the said board of edu- 
cation shall have the management and control of the public 
schools of said district, and of all moneys and property col- 
lected, donated or acquired for said school district, and of 
the expenditure and investment of said moneys as herein 
provided by this act, and said board shall also have power 
to create and appoint a board for the examination of appli- 
cants for positions as teachers in the public schools of said 
district, and no person shall be elected by said board of edu 
cation as a teacher in any of said public schools who shall 
not have received a license from said board of examination. 
Said board of examination shall consist of such number of 
persons as may be deemed expedient by the board of educa- 
tion, and they shall serve as such at the pleasure of said 
board of education ; Provided, that said board of education 
may, at its election, examine applicants for positions as 
teachers in said public schools, and issue license to said 
teachers upon such examination ; and provided further, that 
no person shall teach any of the public schools of said dis- 
trict who has not been elected by the said board of educa- 
tion. 

Sec 5. Be it further enacted, That said board of education 
shall elect from their body a secretary and treasurer thereof, 
and the treasurer, before entering upon his duties, shall 
make bond in such sum as the board may direct, with suffi- 
cient surety J;o be approved by the president of said board, 
payable to said school district, with condition faithfully to 
discharge the duties of his office during his continuance 
therein, which bond shall be entered upon the minutes of 
said board, and also transcribed upon the records of the town 
of Attalla, and the original then kept by the said board in 
some safe and convenient place, and a certified transcript of 
the record of said bond from the minutes of said board or 
from the record of said town of Attalla. shall be presumptive 
evidence of the execution of said bond in all the courts of 
this State, in the event said bond should be lost. 



107 

Sec. 6. A majority of said board of education shall con- 
stitute a quorum for the transaction of business and a record 
shall be kept of all their official meetings, and if at any 
meeting the president of the board should be absent, the 
members present may elect a president pro tempore. 

Sec 7. The treasurer of said board of education shall re 
ceive all moneys belonging to said school district and pay 
the same out only upon the warrant of the mayor of the 
town and said mayor shall not draw a warrant for any of 
said moneys except upon the order of the board of education, 
and whenever called upon by said board the treasurer shall 
make a report in writing of money received and paid out by 
him for and on account of said school district. 

Sec 8. Said board of education shall make a written re- 
port to the State Superintendent of Education on the first 
Mondays in January and July of each year, of the condition 
of the schools in said district, the length of time they were 
open the past scholastic year, the number of pupils in attend- 
ance, the number of teachers, the value of school property, 
the amount paid for school houses or for repairing the same, 
the amount paid teachers and the amouut received from all 
sources the past scholastic year, for the use of said school 
district, and of any other matter required by law, and a du- 
plicate of said report shall be filed with the mayor and alder- 
men of said town of Attalla, who shall at the expense of the 
town, cause the same to be published in some newspaper of 
said town. 

Sec 9. The mayor of said town of Attalla and the treas- 
urer of said board of education shall at such time as may be 
fixed by the board make report in writing to the board of 
education of the expenditure of the moneys of the school 
district, which reports shall be submitted to the board for 
examination and shall be spread upon the minutes of the 
board. 

Sec 10. The tax collector of the county of Etowah is 
hereby required to pay over to the treasurer of said board 
of education all poll taxes collected within said school dis- 
trict, and the receipt of said treasurer under^the seal of said 
school district shall be a valid voucher in the hands of said 



10S 

tax collector in his settlement with the auditor of the State, 
and the superintendent of education of said county is re- 
quired to pay over to the treasurer of said board the pro rata 
share of said school district in the school fund of said county, 
and the marshal or person authorized to receive and collect 
taxes for the town of Attalla is required to pay over to said 
treasurer all such moneys as were collected by said marshal 
or other person for the use and benefit of said school district. 

Sec. 11. Said school district, by its corporate name, shall 
have the power to sue and be sued, contract and be con- 
tracted with, shall have a common seal, to be kept by the 
secretary of said board of education, shall have the right to 
buy, sell, lease, receive by gift or devise, real and personal 
property for the use and benefit of the public schools of said 
town ; shall contract for the erection of scIkoI hpuses in said 
district, which shall be located in such place or places as will 
best serve the convenience of the children in said district, 
and change the location of said school houses whenever 
necessary, and the board of education herein provided for 
shall be the proper constituted authority for the purpose of 
executing and carrying out the powers and exercising the 
rights and privileges herein conferred upon said school dis- 
trict. 

Sec. 12. All children residing within said district between 
the ages of seven and twenty-one shall have the right to 
enter any of the public schools of said city free of charge ; 
Provided always, that separate schools shall be established 
for the white and black races, and there shall not, in any 
event, be a mixture of the races in any of the public schools ; 
and provided further, that the board of education, in its dis- 
cretion, may assess an incidental fee of twenty cents per 
month for each pupil, which shall be paid before entering 
the schools of said district, and the regulation as to payment 
of said incidental fee shall be made by said board of educa- 
tion ; and provided further, that non-resident children of said 
district may be received as pupils in the schools of this dis- 
trict upon such terms as may be prescribed by the board of 
education. 

Sec 13. tf< No school house shall be built in said district 



109 

without the character and style of said building and material 
to be used in the construction thereof shall first be submitted 
to the mayor and aldermen of said town, and the consent of 
said mayor and aldermen obtained. 

Sec. 14. Nothing in this act shall be construed as in con- 
flict with the constitutional duty of the State Superintendent 
of Education to exercise a supervision of the public schools 
of said district. 

Sec 15. The members of trie board of education, before 
they enter upon their duties, shall each take and subscribe 
an oatli to discharge their duties to the best of their ability 
which oath shall be entered upon the minutes of said board. 

Sec 16. All vacancies in said board shall be filled by 
appointment by the mayor and aldermen of said town of 
Attalla, and no person shall be appointed to fill a vacancy 
on said board who does not possess the qualifications re- 
quired by this act, and all appointees to said board shall 
continue in office until the next ensuing election of a board 
of education. 

Sec 17. The bond of the treasurer of said board may be 
increased or strengthened, or said treasurer required to make 
a new bond, whenever in the judgment of said board it is 
necessary, and the treasurer when required to make a new 
bond, or to give additional security upon his bond, shall do 
so within ten days after notice of such requirement, and fail- 
ing so to do, his office as treasurer and as a member of said 
board thereby becomes vacant. 

Sec 1 8. Any member of said board removing trom said 
district thereby vacates his office, and the fact of such re- 
moval being ascertained by the board, they shall declare 
said vacancy and notify the mayor and aldermen of said 
town thereof, and all other vacancies on said board shall also 
be certified to said mayor and aldermen. 

Approved February 4, 1891. 



NORMAL SCHOOLS, 



STATE NORMAL COLLEGE AT FLORENCE. 



Section 1. The school established, appropriation for its 
support. — There is permanently established, in the Florence 
Wesleyan University buildings, at Florence, in Lauderdale 
county, in this State, a school for the education of white 
male and female teachers, who shall be taught there on such 
conditions and under such restrictions as may be prescribed ; 
and there shall be annually appropriated and set apart, # from 
the first day of October, at least seven thousand five hundred 
dollars out of the general educational revenue apportioned 
to the whites, for the support and maintenance of the 
school ; but no portion of the same shall be used for any 
other purpose than the payment of the salaries of the 
faculty. 

Sec. 2. Board of directors; style of board,' no compensa- 
tion; term of office. — The board of directors of said college 
shall consist of six directors, together with the Superinten- 
dent of Education. The directors shall be appointed by 
the Governor as hereinafter provided. It shall be the duty 
of the Governor on or before the first day of May next after 
the passage of this bill, to appoint six directors of said nor- 
mal college ; Provided, that no two of said directors shall 
reside in the same county. Two of said directors shall be 
appointed for the term of six years ; two for the term of 
four years ; and two for the term of two years ; and ever}' 
two years thereafter it shall be the duty of the Governor to 
appoint two directors, whose term of office shall be for the 
period of six years. The members of said board of direc- 



Ill 

tors shall receive do compensation for their services except 
their actual expenses in going to and returning from their 
meetings, which said expenses, upon the certificate of the 
secretary of the board, approved by its president, shall be 
paid out of the fund annually appropriated and set apart 
for the support and maintenance of said college. The 
board of directors, as now organized, shall cease to exist 
upon the appointment and organization of the new board as 
herein provided for. 

Sec. 3. Vacancy in hoard; how filled. — Any vacancy in 
the board of directors, caused by death, resignation, or 
otherwise, shall be filled by appointment of the Governor, 
the appointee holding for the unexpired term of his prede- 
cessor. 

Sec. 4. Meetings of hoard of directors. — The board of 
directors shall meet at such times and places as it shall ap- 
point. 

Sec 5. President of hoird; treasurer and his' bond and 
term of office; secretary and his term of office. — The board of 
directors shall choose one of their number as president of 
their board, who shall not vote on any question, except in 
case of a tie ; and they shall elect a secretary and treasurer, 
and they shall take such bond from such treasurer as they 
shall deem sufficient and adequate to secure the faithful 
performance of his duties, in at least double the amount 
that he may have in hand at any one time ; bond to be ap- 
proved by the county superintendent, and probate judge of 
Lauderdale county, and a certified copy thereof filed in the 
office of the Superintendent of Education. The secretary 
and treasurer shall be chosen annually, and shall hold their 
offices until their successors are elected and qualified. 
Sec. 6. The board of directors disposes of money according 
to law, and 'prescribes duties of secretary and treasurer. — The 
board of directors shall, under the restriction and limitations 
of law, direct the disposal of any and all moneys appropriated 
to the school, and shall prescribe the duties of the secretary 
and treasurer thereof. 

Sec 7. Organization of the school. — It shall be the duty 
of the board to organize such normal school upon the most 



112 

approved plan: to elect a president, and a complete and 
sufficient corps of instructors, who shall constitue the faculty 
of such normal school; and the board shall adopt such rules 
and regulations as may be necessary for the organization 
and successfully operation of such normal school. 

Sec. S. Duties of faculty. — It shall be the duty of the 
faculty to establish a course of instruction with special refer- 
erence to educating teachers in the theory and practice of 
teaching; to pass all needful rules and regulations necessary 
for the discipline of the normal school. 

Sec. 9. The president of the board of directors reports an- 
nually to the superintendent.^— -The president of the board of 
directors shall make a full and complete annual report to 
the Superintendent of Education of the operations of the 
normal school, specifying the number of pupils, the number 
of professors and teachers, the amount of salary of each, the 
amount of money received and disbursed, and such other in- 
formation as may be required by law. 

Sec 10. Rules governing admission of pupils. — Appli- 
cants for admission to the normal school shall be not less 
than fifteen years of age, and shall sustain a satisfactory ex- 
amination in such studies as may be required by the 
faculty. 

Sec 11. Students admitted from any part of the State ; of 
the obligation to teach. — Students shall be admitted from any 
portion of the State, and shall receive instructions free of 
charge, for tuition, upon signing a written obligation to teach 
at least two years in the public schools of Alabama ; and 
the obligation shall be filed in the office of Superintendent 
of Education. Any student may be released from the obli- 
gation by paying such tuition as may be established by the 
board of directors. 

Sec 12. Certijicoie of graduation and to what it entitles. 
— Upon the completion of the prescribed course of study in 
the normal school, and after sustaining a satisfactory exami- 
nation, upon the recommendation of the president, approved 
by the board of directors, the Superintendent of Education 
shall issue a State certificate to the graduates of the normal 



113 

school, which shall entitle them to teach in any public 
school in the State, without any further examination. 

Sec. 13. Public or other schools established in, connection. 
— In connection with the normal school,. there may bo estab- 
lished a public school, or other school. 

Sec 14. Money appropriated, how drawn. — The money 
appropriated and due to the school shall be certified semi- 
annually, by the Superintendent of Education, to the Sta,te 
Auditor, upon application to the president of the board of 
directors, and the State Auditor shall thereupon draw his 
warrants on the State Treasurer in favor of the treasurer of 
the normal school for the amount thus certified. 



JACKSONVILLE NORMAL SCHOOL. 



Section 1. Appropriation for payment of salaries only. — 
There is permanently established in the Calhoun col- 
lege building at Jacksonville, in Calhoun county, in this 
State, a school for the education of white male and female 
teachers who shall be taught therein on such conditions and 
under such restriction as may be prescribed ; and there shall 
be annually appropriated and set apart from the first day of 
October twenty-five hundred dollars out of the general edu- 
cational revenue apportioned to the whites, for the support 
and maintenance of the school; but no portion of the same 
shall be used for any other purpose than the payment of the 
salaries of the faculty. 

Sec. 2 Board of directors. — That a board of directors is 
established consisting of the following named persons : S. K. 
McSpadden, Jno. M Caldwell, James Crook, W. P. Howell, 
Wm. M. Hames, D. A. Aderholdt, H. L. Stevenson, W. J. 
Alexander, J. Y. Nisbet, L. W. Grant and John D. Ham- 



114 

mond, and the Superintendent of Education, and which 
shall be known by the name and style of the Board of Direc- 
tors of the State Normal School at Jacksonville, and the di- 
rectors shall hold their office at the pleasure Of the board, and 
shall receive no compensation. 

Sec. 3. Vacancy; how filled. — That any vacancy in the 
board of directors caused by death, resignation or otherwise, 
shaH be filled by the remaining members. 

Sec 4. Meetings. — That the board of directors shall meet 
at such times and places as it shall appoint. 

Sec. 5. Officers; treasurer's bond. — That the board of di- 
rectors shall choose one of their number as president of their 
board, who shall not vote on any question except in case of a 
tie ; and they shall elect a secretary and treasurer, and they 
shall take such bond from such treasurer as they shall deem 
sufficient and adequate to secure the faithful performance 
of his duties, in at least double the amount that he may 
have in hand at any one time; bond to be approved by the 
county Superintendent and probate judge of Calhoun county, 
and certified copy thereof filed in the office of the Superin- 
tendent of Education. The secretary and treasurer shall be 
chosen annually, and shall hold their offices until their suc- 
cessors are elected and qualified. 

Sec 6. Disposal of moneys. — That the board of directors 
shall, under the restrictions and limitations of law, direct 
the disposal of any and all moneys appropriated to the 
school, and shall prescribe the duties ot the secretary and 
treasurer thereof. 

Sec 7. Faculty; duties thereof. — That it shall be the 
duty of the board to organize such normal school upon the 
most approved plan ; to elect a president and a complete 
and sufficient crops of instructors, who shall constitute the 
faculty of such normal school ; and the board shall adopt 
such rules and regulations as may be necessary for the organ- 
ization and successfully operation of such normal school. 

Sec. 8. That it shall be the duty of the faculty to estab- 
lish a source of iustruction with special reference to educa- 
ting teachers in the theory and practice of teaching ; to pass 



115 

all needful rules and regulations necessary for the discipline 
of the normal school. 

Sec. 9. Report to /Superintendent of Education. — That 
the president of the board of directors shall make a full and 
complete annual report to the Superintendent of Education 
of the operations of the normal school, specifying the num- 
ber of pupils, the number of professors or teachers, the 
amount of salary of each, the amount of money received and 
disbursed, and such other information as may be required by 
law. 

§ 10. Applicants for admission. — That applicants for ad- 
mission to the normal school must not be less than fifteen 
years of age, and shall sustain a satisfactory examination in 
such studies as may be reqired by the faculty. 

§ 11. Obligation of students. — That students shall be 
admitted from any portion of the State, and shall receive 
instructions free of charge for tuition, upon signing a 
written obligation to teach at least two years in the public 
schools of Alabama ; and the obligation shall be filed in the 
office of the Superintendent of Education. Any student 
may be released from the obligation by paying such tuition 
as may be established by the board of directors. 

§ 12. Graduates entitled to teach. — That upon the com- 
pletion of the prescribed course of study in the Normal 
school, and after sustaining a satisfactory examination, upon 
the recommendation of the president, approved by the board 
of directors, the Superintendent of Education shall issue a 
State certificate to the graduates of Normal shool, which 
shall entitle them to teach in any public school in the State, 
without any further examination. 

§ 13. Public school may be established. — That in con- 
nection with the Normal school, there may be established a 
public school or other school. 

§ 14. Appropriation; how to draw. — That the money ap- 
propriated and due to the school shall be certified semi-an- 
nually, by the Superintendent of Education, to the State 
Auditor, upon application of the president of the board of di- 
rectors, and the State Auditor shall thereupon draw his war- 
rant on the State Treasurer in favor of the treasurer of the 
Normal school for the amount thus certified. 



LIVINGSTON NORMAL SCHOOL. 



§ 1. Consent of the trustees necessary; appropriation, dec. 
— That if the trustees of the Livingston Female Academy, a 
corporation under the laws of Alabama, located at Livingston, 
in said State shall give their consent, in writing, to the Sup- 
erintendent of Education of said State, to the use of said 
academy for the purpose of establishing a normal school, 
then there shall thereupon be established, permanently in 
said academy, a State normal school for the education of 
white female teachers and students ; said normal school to 
be organized and operated under such restriction as may be 
provided by law; and there shall be annually appropriated 
and set apart from the 1st day of October, 1883, out of the 
general educational revenue apportioned to the whites, the 
sum of twenty-five hundred dollars for the support and 
maintenance of said normal school; Provided, That no por- 
tion of said sum shall be used for any other purpose than 
the payment of the salaries of the teachers, and the neces- 
sary appliances and text-books for instruction; And provi- 
ed further, That not more than five hundred dollars shall 
be used for appliances and text books in any one year. 

§ 2. Board of directors. — That the trustees of said Liv- 
ingston Female Academy, to-wit : Robert D. Webb, I. 
Chapman Brown, josiah L Scruggs, Reuben Chapman, 
William A. C. Jones, William R. DeLoach and George W. 
Dainwood, shall constitute a board of which shall be known 
by the name and style of the Board of Directors of the 
" Livingston Female Academy and Normal School," and 
shall receive no compensation for their services. 

§ 3. Vacancy; how to fill. — That said board of directors 
shall hold office as provided in the charter of said Living- 
ston Female Academy, and any vacancy in said board, 
caused by death, resignation, or otherwise, shall be filled by 
the remaining members as directed by said charter. 



117 

§ 4. Treasurer's bond. — That said board of directors pro- 
vided for in this act, shall meet in said academy building on 
the first Monday in July, 188S, and at such meeting they 
shall choose one^of their number as president of such board, 
who shall have no vote ,in the deliberations of said board, 
except in case of a tie ; they shall also elect a secretary and 
treasurer, who shall hold their offices for two years, and until 
their successors are elected and qualified ; they shall take 
from the treasurer such bond as they may deem adequate to 
secure the faithful performance of his duties, said bond to 
be not less than double the amount of the annual appropria- 
tion for the support of said school ; said bond shall be ap- 
proved by the judge of probate for Sumter county, and a 
certified copy thereof filed in the office of the Superintendent 
of Education of the State. Said board, after this stated 
meeting, may meet at such other times and places as they 
may appoint. 

§ 5. Disposal of moneys — That said board, under the 
limitations of this act, shall direct the disposal of any and 
all moneys appropriated to said school, and shall define the 
duties of the secretary and treasurer thereof. 

§ 6. Board; duties of. — That it shall be the duty of said 
board to organize a normal school upon the most approved 
plan ; they shall elect a sufficient and competent corps of 
teachers, and a president thereof from among them ; said 
corps of teachers shall constitute the faculty of said normal 
school, and shall hold their positions at the pleasure of said 
board of directors. The board shall also adopt such rules 
and regulations as may be necessary for the organization and 
successful operation of said normal school. 

§ 7. Faculty ; duties of. — That it shall be the duty of the- 
faculty to establish a course of instruction with special refer- 
ence to educating teachers in the theory and practice of 
teaching, and, to pass all needful rules and regulations for 
the discipline of the normal school, subject to the approval 
of the board of directors. 

§ 8. President J s report. — That the president of the board 
of directors shall make a full and complete annual leport to 
the Superintendent of Education of the State, of the opera- 



US 

tions of the normal school, specifying the number of pupils, 
the number of teachers, the amount of salary of each, the 
amount of money received and disbursed, and such other 
information as may be required by law. 

§ 9. Applicants for admission. —That applicants for ad- 
mission to the normal school be not less than fourteen years 
old, and shall sustain a satisfactory examination in such 
studies as may be required by the faculty. 

§ 10. Obligation. — That white female students shall be 
admitted from any portion of the State, and shall receive 
instructions free of charge for tuition, upon signing a written 
obligation to teach at least two years in the public schools of 
Alabama, and such obligation shall be filed in the office of 
the State Superintendent of Education. Any student may 
be released from the obligation by paying such tuition as 
may be established by the board of directors. 

§ 11. Graduates' 1 certificate to teach. — That upon the com- 
pletion of the course of instruction prescribed in said normal 
school, and after sustaining a satisfactory examination, upon 
the recommendation of the president, approved by the board 
of directors, the State Superintendent of Education shall 
issue a State certificate to the graduates of said normal 
school, which shall entitle them to teach in any public school 
in this State without any further examination. 

§ 12. Establishment of other school. — That in connection 
with said normal school, there may be established a public 
school or other schools. 

§ 13. Money to be paid semi annually. — That the money 
appropriated and due to the normal school shall be certified 
semi-annually by the State Superintendent of Education to 
the State Auditor, upon application of the president of the 
board of directors, and the State Auditor shall thereupon 
draw his warrant on the State Treasurer in favor of the 
treasurer of the normal school for the amount thus certified. 
The first half of the annual appropriation hereby made shall 
be due and payable on the 1st day of October, 1883. 

§ 11. Charter 'not repealed. — That this act shall not be so 
construed as to interfere with the Livingston Female Acade- 
my, or to repeal the charter thereof, or to interfere with any 
rights now existing under said charter. 



TROY NORMAL SCHOOL. 



§ 1. There is permanently established in the city of Troy, 
Pike county, in this State, a school for the education of white 
male and female teachers, who shall be taught therein, on 
such conditions and under such restrictions as may be pre- 
scribed, and there shall be annually appropriated and set 
apart, from the first day of October, 1887, the sum of three 
thousand dollars out of the general educational revenue ap- 
portioned to the whites, for the support and maintenance of 
the school. The said appropriation shall be under the con- 
trol of the commissioners hereinafter provided for, and shall 
be applied in such manner as they may deem best to carry 
out the purposes of this act; Provided, however, that no por- 
tion of said appropriation shall be used for any other purpose 
than the payment of the salaries of the faculty. 

§ 2. A board of directors is established consisting of the 
following named persons : O. C. Wiley, John B. Knox, 
John D. Gardner, Frank Baltzell, James Folmar, I. W. Fos- 
ter, Joseph A. Adams, B. R. Bricken, P. Jeff Ham, and the 
superintendent of education, which shall be known by the 
name and style of thejboard of directors of the State Normal 
School at Troy, and the directors shall hold their office at 
the pleasure of che board, and|shall receive no compensation. 

§ 3. Any vacancy in the board of directors caused by 
death, resignation oi^otherwise, shall be filled by the remain- 
ing members. 

§ 4. The board of directors shall meet at such times and 
places as it shall appoint. 

§ 5. The board of directors shall choose one of their num- 
ber as president of their board, who shall not vote on any ques- 
tion except|in case of a tie, and they shall elect a secretary 
and treasurer, and they shall take such bond from such 
treasurer as they shall deem sufficient and adequate to se- 



L20 

cure the faithful performance of his duties, in at least double 
the amount that he may have in hand at any one time, bond 
tobe approved by the county superintendent and probate 
judge of Pike oounty, and a certified copy thereof Hied in 
the office of the superintendent of education. The secretary 
and treasurer shall be chosen annually, and shall hold their 
offioes until their successors are elected and qualified. 

§ ti. The board of directors shall, under the restrictions 
and limitations of law, direct the disposal of any ami all 
moneys appropriated by the school, and shall prescribe the 
duties of the secretary and treasurer thereof. 

^ 7. It shall be the duty of the board to organize such 
Normal school upon the most approved plan ; to elect a 
president ami a complete and sufficient corps of instructors, 
who shall constitute the faculty of such Normal school, and 
the board shall adopt such rules ami regulations as may be 
necessary for the organization and successful operation of 
such Normal school. 

§ S. It shall be the duty of the faculty to establish a 
course oi' instruction with special reference to educating 
teachers in the theory and practice oi' teaching, and to pa>s 
all needful rules and regulations necessary for the discipline 
.of such Normal school. 

S 9. The president o( the board of directois shall make 
a full ami complete annual report to the superintendent of 
education, of the operations of the Normal school, specifying 
the number o( pupils, the number of professors or teachers, 
amount of salary of each, the amount o( money received 
and disbursed, and such other information as may be re 
quired by law. 

*, 10. Students shall ho admitted from any portion of the 
State, and shall receive instruction free of charge for tuition, 
upon signing a written obligation to teach at least two years 
in the public schools o( this State, and the obligation shall 
be tiled in the ollice ol' the superintendent of education. 
Any student may be released from the obligations by paying- 
such tuition as may be established by the board of directors. 

S 11. Applicants for admission to the Normal school shall 
not be less than fifteen years o( age, and shall sustain a sat 



121 

isfactory examination in such studies as may be required by 
the faculty. 

§ 12. Upon the completion of the prescribed course of 
study in the Normal school, and after sustaining a satisfac- 
tory examination, upon the recommendation of the presi- 
dent, approved by the board of directors, the superintendent 
of education shall issue a State certificate to the graduates 
of the Normal School, which shall entitle them to teach in 
any public school in the State without any further exami- 
nation. 

§ 13. The money appropriated and due to the school shall 
be certified semi- annually by the superintendent of educa- 
tion to the State Auditor upon application of the president 
of the board of directors, and the State Auditor shall there- 
upon draw his warrant on the State Treasurer in favor of the 
treasurer of the Normal school for the amount thus certified; 
the first half of the annual appropriation hereby made, shall 
be due and payable on the first day of October, 1887. 

§ 14. In connection with the Normal school, there may 
be established a public school or other school. 

§ 15. This appropriation shall be received upon the con- 
dition that the citizens of Troy shall furnish free of charge, a 
suitable building and grounds for said Normal school, and 
place said building and grounds under the complete control 
of the board of directors established in this act. 

Approved February 26, 1887. 



NORMAL SCHOOL FOR COLORED STUDENTS. 



§ 1. The Stale Normal School and University for colored 
students now at Marion, Ferry county, be and the same is 
hereby removed to some other place in the State as herein- 
after provided, and its name is changed to State Normal 
School for Colored Students. 

§ 2. The board of trustees of said Normal school shall 
consist of six members, together with the Governor and Su- 
perintendent of Education. It shall be the duty of the gov- 
ernor, as soon as practicable after the passage of this bill, to 
appoint six trustees, two of whom shall serve for a term of 
six years, two shall serve for a term of four years, and two 
shall serve for a term of two years, and every two years 
thereafter it shall be the duty of the governor to appoint two 
trustees who shall serve for a term of six years. 

§ 3. The members of said board of trustees shall receive 
no compensation for their services except their actual ex- 
penses in going to and returning from their meetings, which 
said expenses, upon the certificate of the secretary of the 
board, approved by its president, shall be paid out of the 
fund annually appropriated and set apart for the mainte- 
nance and support of said Normal school. The board of 
trustees as now organized at Marion shall cease to exist upon 
the appointment and organization of the new board as here- 
inafter provided for. 

£ 4. Any vacancy in the board of trustees caused by 
death, resignation or otherwise, shall be filled by appoint- 
ment of the governor, the appointee holding for the unex- 
pired term of his predecessor. 

S ■ >. The board of trustees shall meet at such times and 
places as it may appoint. 

^ (!. The board of trustees shall choose one of their num- 
ber as president of their board, who shall not vote on any 



123 

question except in case of a tie, and they shall elect a secre- 
tary and treasurer, and they shall take such bond from such 
treasurer as they shall deem sufficient and adequate to secure 
the faithful performance of his duties in at least double the 
amount that he may have on hand at any one time, bond to 
be approved by the probate judge of the county wherein 
the Normal school is located, and a certified copy thereof 
filed in the office of State Superintendent of Education. 
The secretary and treasurer shall be chosen annually, and 
shall hold their offices until their successors are elected and 
qualified. 

§ 7. That said board of trustees shall within thirty days 
after they are appointed, meet at such time and place as the 
State Superintendent of Education may appoint, and shall 
select a suitable place for said Normal school, having regard 
for healthfulness, accessibility and the value of any land or 
building that may be offered for said Normal school ; Pro- 
vided, that it shall not be located in any town or city against 
the wishes of the white people of said town or city. 

§ 8. The trustees shall have full power and authority to 
elect a faculty and such officers and agents as they deem 
necessary to carry on the Normal school, and shall have 
authority to discharge such faculty or any member thereof, 
or any officer or agent, whenever they see fit to do so, and 
to prescribe the duties of all officers, teachers and agents, 
and to fix their compensation, and generally to govern and 
control said faculty, and the Normal school. They shall 
aleo have authority to settle all claims now existing against 
said Normal school. 

§ 9. For the purpose of buying the necessary land, or 
buildings, or the necessary land, and erecting thereon the 
necessary buildings, there is hereby appropriated the sum 
of fifteen thousand dollars from the school fund of the col- 
ored race, six thousand dollars to be paid to the treasurer of 
the Normal school on the first day of January, 1889, or as 
soon thereafter as he may be elected, and give bond ; six 
thousand dollars to be paid October 1st, 1889, and three 
thousand dollars on the first day of October, 1890. The 
first six thousand dollars mentioned in this section shall be 



124 

paid out of the unapportioned balance now in the treasury 
to the credit of the colored school fund. 

§ 10. The trustees of the State Normal school shall take 
charge of the property of the State of Alabama, near Marion, 
Perry county, and shall dispose of it so as to best subserve 
Ihe interests of the State. If sold, the proceeds shall be 
used in furnishing the new buildings wherever located. 

§ 11. It shall be the duty of the board of trustees to 
organize a Normal school upon the most approved plan ; 
said Normal school to constitute a part of the common school 
system of the State. 

§ 12. The president of the board of trustees shall make a 
full and complete report annually to the State Superintend- 
ent of Education showing the operations of said Normal 
school, the amount of money received and disbursed, and 
such other information as may be required by law. 

§ 13. That upon the completion of the prescribed course 
of study in the Normal school, and after sustaining a satis- 
factory examination, upon the recommendation of the presi- 
dent, approved by the board of trustees, the Superintendent 
of Education shall issue a diploma to the graduates of the 
Normal school, which shall entitle them to teach in the col- 
ored schools of the State without further examination. 

§ 14. That in connection with the Normal school there 
may be established a training department. 

§15. For the support and maintenance of said Normal 
school, there is hereby set apart and appropriated of the 
school fund for the education of the colored race, the sum of 
seven thousand five hundred dollars annually, to be paid to 
the treasurer of the said board of trustees in equal install- 
ments on the first days of January, April and October, of 
every year; the installments for January and April, 1889, 
to be paid out of the unapportioned balance now in the 
treasury to the credit of the colored school fund. 

Approved February 23, 1889. 



NORMAL SCHOOL FOR COLORED TEACHERS AT 
HUNTSVILLE. 



§ 1. Establishment of school; admission of. pupils; num- 
ber required; must be taught nine months annually .—There 
shall be at Huntsville, in this State, a normal school for the 
education of colored teachers, to be called and known as 
"The Huntsville State Colored Normal and Industrial 
School." Pupils shall be admitted free of charge for tuition 
in the school, on giving an obligation in writing to teach in 
the free public schools in this State for two years after they 
become qualified. The school shall not be begun or contin- 
ued with a less number than twenty -five pupils, nor shall 
the school be taught for a less period than nine months in 
each year. 

§ 2. Appropriation for school. — There is appropriated out 
of the general school revenue set apart to the colored chil- 
dren, the sum of four thousand dollars, annually, for the 
maintenance and support of the school, and the apportion- 
ment of the general fund for the colored race shall be made 
to the different counties of this State after the deduction of 
the sum of four thousand dollars herein appropriated for the 
school at Huntsville ; Provided, this act shall not take effect 
until the first day of September, 1885. 

§ 3. School under control of three commissioners, who elect 
chairman and make quarterly reports. — The school shall be 
under the direction, control and supervision of a board of 
three commissioners, who shall consist of the following per- 
sons, to-wit : John M. Crowder, A. S.Fletcher and S. I. 
Mayhew, who may fill any vacancy that may occur in the 
board of commissioners. The commissioners shall elect one 
of their number chairman, and they shall report quarterly to 
the Superintendent of Education how many pupils have 



126 

been in attendance, what branches have been taught, and 
other facts of interest and importance appertaining to the 
school. 

§ 4. Bond required of chairman, approval thereof ; certi- 
fied copy filed in office of Superintendent. — The chairman of 
the board of commissioners shall give bond in double the 
amount of the appropriation to the school, for the legal and 
faithful application of the sum appropriated, the bond to be 
approved by the judge of probate of Madison county, and a 
certified copy thereof sent to the Superintendent of Educa- 
tion to be filed in his office. 

§ 5. Money, how drawn. — The chairman of the board of 
commissioners, after having given bond as hereinbefore pre- 
scribed, and the bond shall have been approved as herein 
provided, and a certified copy thereof filed in the office of 
the Superintendent of Education, shall present to the Super- 
intendent of Education a requisition for the amount herein 
appropriated, and the Superintendent of Education shall 
thereupon certify the amount of four thousand dollars to the 
State Auditor who shall draw his warrant for the sum on 
the State Treasurer, payable to the chairman of the board of 
commissioners, for the maintenance and support of the nor- 
mal school. 

[By act approved February 13, 1891, the grant of money 
made by the United States for the more complete endow- 
ment and support of the colleges for the benefit of agricul- 
ture and the mechanic arts, is divided in the ratio of fifty six 
and six-tenths per cent. (56.6) for the school for whites and 
forty-three* four-tenths (43.4) for the school for the colored 
race, between the A. & M. College of Alabama at Auburn 
and the Huntsville State Colored Normal and Industrial 
School.] 



NORMAL SCHOOL FOR COLORED TEACHERS AT 
TUSKEGEE. 



§ 1. There shall be at Tuskegee, in this State, a normal 
school for the education ot colored teachers. Pupils shall 
be admitted free of charge for tuition in the school, on giving 
an obligation in writing to teach in the free public schools 
of this State for two years .after they become qualified. The 
school shall not be begun or continued with a less number 
than twenty-five pupils, nor shall the school be taught for a 
a less period than nine months in each year. 

§ 2. There is appropriated out of the general school reve- 
nue set apart, to the colored children, the sum of three thou- 
sand dollars, annually, for the maintenance and support, of 
the school, and the apportionment of the general fund for 
the colored race shall be made to the different counties of 
this State after the deduction of the sum of three thousand 
dollars herein appropriated for the school at Tuskegee. 

§ 3. The school shall be under the direction, control and 
supervision of a board of three commissioners, who shall 
consist of the following persons to-wit: Thomas B. Dryer, 
M. B. Swanson and Lewis Adams, who may fill any vacancy 
that may occur in the board of commissioners. The com 
missioners shall elect one of their number chairman, and 
they shall report quarterly to the Superintendent of Educa- 
tion how many pupils have been in attendance, what 
branches have been taught, and other facts of interest and 
importance appertaining to the school. 

§ 4. The chairman of the board of commissioners shall 
give bond in double the amount of the appropriation to the 
school, for the legal and faithful applicat ion of the sum 
appropriated, bond to be approved by the judge of probate 
of Macon county, and a certified copy thereof sent to the 
Superintendent of Education to be filed in his office. 



128 

S 5. The chairman of the board of commissioners, after 
having given bond as hereinbefore prescribed, and the bond 
shall have been approved as herein provided, and a certified 
copy thereof filed in the office of the superintendent of edu- 
cation, shall present to the Superintendent of Education a 
requisition for the amount herein appropriated, and the sup- 
erintendent of education shall thereupon certify the amount 
of three thousand dollars to the State Auditor, who shall 
draw his warrant for the sum on the State Treasurer, paya- 
ble to the chairman of the board of the commissioners, for 
maintenance and support of the normal school. 



Separate School Districts — When Established. 

Anniston— 'Acts, 1882 3, amended, Acts 1881-6. 1890-91. 

Auburn — Acts, 1881-5. 

Blountsville— Acts, 1884-5. 

Clintonville— Acts, 1882-3. 

Dadeville— Acts, 1874. 

Evergreen — Acts, 1878-9. 

Faunsdale— Acts, 1882-3. 

Haw Ridge— Acts, 1884-5. 

Magnolia — Acts, 1884-5. 

Marion— Acts, 1876 7. 

Oxmoor— Acts, 1876-.— Acts,1886-7. 

Peabody— Acts, 1882-3 ; amended 1884-5—1886-7. 

Spring Hill— Acts, 1884 5. 

Texasville— Acts, 1884 5. 

Tuscumbia — Acts, 1884-5. 

Uni&n Springs— Acts, 1880-1—1886-7. 

Warrior— Acts, 1884-5. 

Calhoun and Etowah counties, T. 12, R. 17 and 18 — 
Acts, 1884-5- 

Dallas county, certain fractional townships — Acts, 1882-3. 

Lauderdale county, territory east of Shoal Creek — Acts, 
1882 3. 



129 



Walker county, T. 14, R's 8 and 9— Acts,— L884-5. 
Franklin and Madison County Superintendents receive 3 
per cent, and pay Teachers monthly. 



Special Acts Session 1886-7. 



Burnett District, Cherokee County. 

Coffee County, School District. 

DeKalb County, Yalley Head District. 

Greene County, Normal school, colored. 

Greenville District. 

Hale County, Liberty District. 

Dale County, School District. 

Henry County, School District. 

Jackson Couny, Pleasant Grove. 

Jefferson County, Superintendent's salary, &c. 

Lamar County, appointment of School Officers. 

Limestone County, Center Hill District. 

Lowndes County Superintendent receives $100 Salary and 

2|- per cent. Commission. 
Marengo County, Aimwell District. 
Marion County, appoints school officers. 
Montgomery School District. 
Morgan County, School District. 
Perry County, School District. 
Taladega City Schools. 



130 

Separate School Districts — Established 1888 9. 



Aimwell — Marengo county. 
Alco — Escambia county. 
Baker — Henry county. 
Belcher — Barbour county. 
Blount Springs — Blount county. 
Callahan — Conecuh county. 
Central Institute — E I more county. 
Cinnibee — Talladega county. 
Fortner — Conecuh county. 
Ilazle Green — Madison county. 
Ironaton — Talladega county. 
Lawrence Grove — Morgan county. 
Moss Creek — Marengo county. 
New Decatur — Morgan county. 
Decatur — act amended — Morgan county. 
Pleasant Grove — act amended— Jackson count} 7 . 
Salem — Lee county. 
Salitpa — Clarke county. 
Stuckey — Marion and Lamar counties. 
Sylvan Grove — Dale county. 
Titi — Coffee county. 

Act, providing for, in Tuskaloosa county. 
Tuskegee — Macon county. 
Union — Limestone county. 
Woodland Mills — Morgan county. 
Wolf's Beat — Morgan county. 

Perry county — Increase pay of County Superintendent. 
Escambia — As to title in T. 2, R. 10. 
Cullman county — elects Township Trustees. 
Covington county — elects Township Trustees. 
Chambers county — LaFayette gets liquor license. 
Blount county — elects Township Trustees. 
To repeal monthly pay in Lamar, Fayette and Marion 
counties. 



131 

Separate School Districts — 1890-91. 



Albertville. 

Anniston. 

Attalla. 

Bridgeport. 

Cherokee. 

China Grove. 

Cleveland. 

Cooks Springs. 

Countyfline, Cullman County. 

Covington County, T. 6 & Range 14. 

Dallas County ^Fractional Townships in. 

Eufaula. 

Florence. 

Girard. 

Good Hope. 

Jones Chapel. 

Luverne. 

Maple Grove. 

Pleasant Grove. 

Selraa. 

Stucky. 

Sylvan. 

The Deans. 



Opinions of Attorney-General. 



PROCEEDS OF TIMBER SALES 



Montgomery, February 11, 1890. 
Hon. Solomon Palmer, Supt. of Education : 

Dear Sir: Jn reply to yours of recent date in regard to 
the proper disposition of the money arising from the sale of 
timber off of school lands, by the trustees of township 5, 
range 5 in Jackson cfounty, I have to say, that in my opin- 
ion such sale was not authorized by law, nor is there any 
legal authority for requiring the proceeds to be paid into 
the State treasury to the credit of said township. 

Respectfully submitted, 

W. L. Martin, 
Attorney- General. 



POLL TAX FUND. 



Montgomery, April 11, 1889. 
Hon. C. D. Hogue, State Auditor : 

Dear Sir : In compliance with your request for a writ- 
ten opinion construing the act to determine and fix the 
amount of poll tax available each scholastic year for school 
purposes, approved February 28, 1889, I have to say, that 
in my opinion, the leading intention of the act is to fix a 
basis for contracts with reference to the poll tax fund. It 



133 

is not intended to make an appropriation of the sum equal 
to the poll tax of last year in addition to or in lieu of the 
amount which may be realized from that source during the 
present year ; nor is it intended that the State shall pay out 
a sum as poll tax in advance of its receipt into the treasury. 
The identity of the poll tax is not to be disturbed. The 
amount of the poll tax paid into the treasury to the credit of 
the school fund, for each race in each township during the 
preceding year, is the basis and the limit of contracts as to 
such fund during the current year ; the poll tax received 
into the treasury during the current year, together with any 
balance that may have been brought forward, to the credit 
of each race, in each township, is the fund from which it is 
contemplated such contracts shall be paid. The act rests on 
the assumption that the poll tax fund of the current year 
will be at least equal to that fund paid into the treasury 
during the preceding year. A failure in this regard will 
present questions which can be properly determined when 
they arise. 

Of course the act can not affect contracts made prior to its 
passage, so as to lessen the amount to be paid under such 
contracts, but as to contracts subsequently made the amount 
of the poll tax paid out during the current year, should not 
exceed the amount of that fund paid into the treasury dur- 
ing the preceding year by each race in each township. The 
balance, if any, would be carried forward to the next year. 
Under the act in question, no part of the poll tax fund can 
hereafter be paid out on contracts for the first quarter of the 
scholastic year. 

The words "past taxes" and '-final quarter" as found in 
the proviso, are evidently clerical errors ; in my opinion, 
tbey will be respectively construed "poll taxes" and "first 
quarter." 

Respectfully submitted, 

W. L. Martin, 
Attorney-General. 



OVERPAYMENTS TO TEACHERS. 



Montgomery, Ala., Dec. 31, 1890. 

Hon. John G. Harris, Superintendent of Education: 

Dear Sir — I have received your favor of the 16th instant, 
requesting my opinion on the following questions : 

" 1. A county or district superintendent pays to one 
teacher more money than the amount apportioned to the 
school taught per capita. By what process can such super- 
intendent be reimbursed ? 

u 2. A superintendent fails to pay, by oversight or other- 
wise, the full amount due to a teacher for teaching a certain 
school when said amount was due said school. Where is the 
remedy of the teacher ? In other words, a superintendent 
pays one teacher more than the apportionment for the school 
he has taught and another less than the apportionment, by 
what process can the defect be remedied ? Can one scholas- 
tic year be encumbered by a deficit arising during another 
scholastic year as to these overpayments or deficits? 

" 3. When a superintendent pays out for school purposes 
more than comes into his hands for that scholastic year, is 
there any law, positive or inferential, that will allow these 
overpayments to be paid out of the apportionment for the 
succeeding scholastic year ? Has the State Superintendent 
any discretionary powejs in such case ?" 

Before proceeding to answer your question I will quote 
certain parts of the school law, which I think furnish the 
basis for the determination of the questions presented. 

Section 1009 of the Code provides : As soon as the appor- 
tionment is completed, the Superintendent of Education shall 
have the same recorded in his office, in books kept for that 
purpose, showing the amount which has been apportioned 
to each school district, and the source or sources from which 



135 

the same was derived, the amount to each race in the dis- 
trict, and the number of children of each race in the district 
upon which the apportionment was based ; and he shall then 
furnish to each county superintendent of education, a cer- 
tified copy from such books, showing the dividends of the 
Educational fund to each township or district under the lat- 
ter's supervision and the amount so divided and certified 
shall be the total amount which each of such school districts 
shall be entitled to receive from the State, except the poll 
tax, during the current scholastic year ; and no contract to 
pay for any district more than the amount thus apportioned 
to it together with such poll tax as it may receive, and such 
funds as may be in hand from any previous year, shall be 
valid against the State or township." 

Subdivision 5 of section 960, provides that the county su- 
perintendent "shall as soon as he receives the annual appor- 
tionment of the Educational fund to his county, forthwith 
notify the superintendent of each township of the amount 
apportioned to each race to the township." Subdivision 6 
of said section provides that the county superintendent shall 
keep a correct account of the amount of the Educational 
fund apportioned to and distributed to each township for 
each race. 

Section 967 makes it the duty of the township superin- 
tendent, after determining the number and location of 
schools, to apportion to each school so established the 
amount it shall receive from the public school revenue ap- 
portioned to the township and race for the current scholastic 
year; and by section 968 he is required to make report 
thereof to the county superintendent. 

Section 974 provides that the township superintendent 
shall in no case contract with teachers until he has definitely 
determined the number and location of schools in his dis- 
trict and the amount of money each school shall leceive 
from the amount apportioned to the district. 

Section 975 provides that all contracts with teachers shall 
be in writing and shall specify the amount to be paid per 
month from the district fund and that no contract shall be 
valid without the approval of the county superintendent. 



136 

The careful manner in which the law provides for the ap- 
portionment of the Educational fund to each township and 
race, and for informing school officers of such apportionment 
before they are required to act, leaves no room to doubt that 
the amount apportioned " to each township and race " for 
the scholastic year is the exclusive property of such town- 
ship and race for the maintenance of schools during the cur- 
rent scholastic year, and no part of such fund can be law- 
fully applied in any other manner. 

If a county superintendent pays to a teacher or teachers of 
either race more money than the amount accruing to the 
district for such race as provided by section 1009 herein 
quoted, there is no legal way in which he can be reimbursed* 
The section referred to expressly provides that no contract 
to pay in excess of the fund there mentioned shall be valid 
against the state or township. To permit a county superin- 
tendent to pay out money in excess of the apportionment a 
fund for a particular township and race during a scholastic 
year and to reimburse himself from the amount apportioned 
to such township and race for a subsequent scholastic year, 
would be a violation of that statute. If school officers in 
making contracts exceed the amount of the fund they do so 
at their peril. When a county superintendent approves a 
contract with a teacher he thereby becomes bound to pay to 
such teacher the amount stipulated in the contract; and 
when the teacher has fully complied with his part of the con- 
tract and comes for his money it is no answer for the county 
superintendent to say that the amount stipulated in the con- 
tract exceeds the amount of the fund for the township and 
race for which the school was taught. In such case the 
teacher may recover the stipulated compensation, by suit 
against the superintendent and the sureties on his official 
bond. 

But in such case, if the fund for the township and race for 
the scholastic year is exhausted there is no fund from which 
the county superintendent can lawfully reimburse himself. 
He cannot use the money of one township and race to repay 
himself an amount overpaid another district and race ; nor 
can any part of the appropriation for another year be law. 



137 

fully used in that way. For such deficit the county superin- 
tendent is left without remedy. 

When two or more schools for one race are established 
in a district and the fund for such district and race is appor- 
tioned to such schools this does not multiply the accounts to 
be kept by the county superintendent ; the account which 
he is required by law to keep, is of the fund for each district 
and race ; and while the apportionment so made by the 
township superintendent should be observed as far as prac- 
ticable, the county superintendent is not limited to the 
amount per capita apportioned to each school in the payment 
of teachers for such district and race. The fund for the 
township and race is legally disbursed when paid to teachers 
for such township and race during the current scholastic 
year. 

Respectfully submitted, 

Wm. L. Martin. 

Attorney General. 



TOWNSHIP TRUSTEES. 



Office of Attorney General. 

Montgomery, June 2, 1891. 

Hon Jno. G. Harris, 

Superintendent of Education. 

Dear Sir — In reply to your favor of the 30th ultimo I 
give you the following opinion ; 

Section 2 of the act approved February 10, 1891, " To reg- 
ulate the apportionment of the school fund in this state by 
the Superintendent of Education," acts 1890-91, p 554, pro- 
vides : " That in lieu of township Superintendents the coun- 
ty superintendent shall appoint under this law three (3) 
township trustees who shall be freeholders and householders, 
resident in the township for which they are appointed." 
Section 966 of the Code of 18S6, provides : " A township 
superintendent for each township or other school district in 
each county, who shall be a freeholder or householder resi- 
dent in such township or other school district shall be ap- 
pointed by the county superintendent of education, subject 
to the approval of the Superintendent of Education whose 
term of office shall be for two years and until his successor 
shall qualify, and shall commence on the first day of October 
of each odd year. 

The effect of section 2 of the act of February 10, 1891, 
above quoted, is to change section 966 of the Code so as to 
provide for the appointment of three trustees instead of a 
township superintendent, and to require that such trustees 
shall possess the qualifications of both householders and free- 
holders resident in the township. The township superin- 
tendents who were in office at the date of the passage of said 



139 

act of February 10, 1891, and whose terms expire on the 
first day of October, 1891, are not intended to be displaced 
before the expiration of their term of office. They will con- 
tinue in office until the date mentioned, when they will be 
succeeded by trustees to be appointed under the act of Feb- 
ruary 10, 1891. These appointments may be made prior to 
the first day of October to take effect at that date. 

The several special acts heretofore from time to time 
passed by the legislature, providing for the election of three 
township trustees for each township in certain counties, are 
not repealed or affected by the act of February 10, 1891, 
Respectfully submitted, 

Wm. L. Martin, 

Attorney General. 



CRIMINAL PROVISIONS OF THE CODE. 



§3799 (4381) Code (1886).— Embezzlement by county su- 
perintendents of education. — Any county superintendent of 
education to whom any money or property has been deliv- 
ered as county superintendent of education, who embezzles 
or fraudulently converts to his own use such money or prop- 
erty or any part thereof must be punished, .on conviction, as 
if he had stolen it and shall forfeit his office. 

§ 3800 (4382). — Embezzlement by using school money for 
other than school purposes. — Any person into whose hands, 
or under whose control, any of the public school money may 
come, who uses or permits the use of the same, or any part 
thereof, except for purposes of the public schools, and in 
accordance with the law regulating the public schools, and 
providing for the disbursement of the public school money, 
is guilty of embezzlement, and, on conviction, must be pun- 
ished, as if he had stolen it. 



List of County and City Superintendents of Education. 



COUNTY SUPERINTENDENTS. 



COUNTIES. 



Names. 



Post-office. 



Autauga. . 
Baldwin . . 
Barbour . . 

Bibb 

Blount . . . 
Bullock. . . 
Butler .... 
Calhoun . 
Chambers. 
Cherokee . 
Chilton . . . 
Choctaw . 
Clarke 
Clay 



Cleburne 

Coffee 

Colbert 

Conecuh 

Coosa 

Covington .. . 
Crenshaw . . . 

Cullman 

Dale 

Dallas 

DeKalb 

Elmore 
Escambia . . . 

Etowah 

Fayette 

Franklin. . . . 

Geneva 

Greene 

Hale 

Henry 

Jackson 

Jefferson. 

Lamar 

Lauderdale. . , 
Lawrence . . . 

Lee 

Limestone . . . 
Lowndes 

Macon 

Madison 

Maicngo 

Marion 

Marshall 

Mobile 

Monroe 

Montgomery , 



T. C. Smith 

F. S. Bryars 

S H. Dent 

W. D. Caddell 

S. M . Hendricks 

Jos T. Flewellen 

Isaac E. Ward 

M. H. Lane 

W. C. Bledsoe 

A Hie S. Johnson 

R E. R. Hicks 

Jas. A. Granberrv. . . . 
J. W. Cunningham. . . 

A. S. Stockdale 

A. A. Hurst 

F. P. Richburg 

John E. Lester 

C. A. Newton 

John F. Vardman 
William M. Snider. . . 

J. T. Sentell 

Walter P. McDonald. 
John O. Pinckard. . . . 

J M. Anderson 

W. C. D. Cook 

W. C. Cousins 

W. S. Neal 

W. T. Gay 

Chelcy M. South . . . 

M.J. Williams 

M.J. Ward 

Jno. G. Apsey 

C. A. Grote 

P. A. McDaniel, Jr., 
James A. Thompson. . 

I. W. McAdory 

W. I. Mallov.." 

A. D. Ray." 

M. M. Summers 

John C. Meadows. . . . 

W. R. Hanserd 

J. A. Robertson 

W. C. Cox 

M. R. Murray 

Wm. K. Thomas 

R. S. Bottoms 

Ike Johnson 

E. R. Dickson 

John D. DuBose 

'Wm. C. Holt 



Prattville. 
Stockton. 
Eu fan la. 
Centerville. 
Hendrick. 
Flora. 
Greenville. 
Jacksonville. 
LaFayette 
Centre. 
Clanton. 
Yantley Creek. 
Grove Hill. 
Ashland 
, Edwardsville. 
1 lavmon. 
Sheffield. 
Belleville. 
Goodwater. 
Andalusia. 
Rutledge. 
Bailytown. 
Newton. 
Safford. 
Henagar. 
Eclectic. 
Brcwton. 
Gadsden. 
Fayette C. II. 
Belgreen. 
Watford. 
Eutaw. 
Greensboro. 
Abbeville. 
Scottsboro. 
Birmingham. 
M alloy. 
Florence. 
Avoca. 
Opehka. 
Athens. 
Hayneville. 
Tuskegee. 
1 luntsville. 
Octagon. 
Knowles. 
Guntersville. 
Mobile. 
Axle. 
Montgomery. 



141 



LIST OF SUPERINTENDENTS.— Continued. 



COUNTIES. 



Names. 



Post-office. 



Morgan 

Perry 

Pickens 

Pike 

Randolph . . . 

Russell 

Shelby 

St. Clair 

Sumter 

Talladega . . . 
Tallapoosa . 
Tuskaloosa . 

Walker 

Washington 

Wilcox 

Winston . . . 



M. D. Houk 

T. D. Cross 

M. G. Lofton 

CM. Carlisle.... 
M . D. Lovvorn . 
J. C. Williamson. 

T. A. Huston 

J. O. Turner. . . . 

S S. Mellen 

J. B. Graham 
W. R. Grimes . . . 

T.J. Foster 

L. A. Morris 
T. C. Bowling . . . 
James F. Foster. . 
A. M. Weiler. 



New Decatur. 

Marion. 

Gregory . 

Troy. 

Lamar. 

Uchee. 

Wilsonville. 

Ashville. 

Livingston. 

Talladega. 

Dadeville. 

North Port. 

Jasper. 

St. Stephen. 

Camden. 

Double Springs. 



CITY SUPERINTENDENTS. 



Birmingham J. H. Phillips. 

Calera J. H. Gunn. 

Cullman Geo. H . Parker . 

Decatur H. A. Skeggs. 

Duck Creek W. C. Haynes. 

Eufaula W. D. Jelks. 

Gadsden G G. Jones. 

Huntsville S.J. Mayhew. 

LaFayette S. P. Green. 

Montgomery C. L. Floyd 

Opelika E. Brewer. 

Phoenix City W. B Tefft. 

Prattville E . Y. McMorris 

Selma' L. E. Jeffries. 

Sheffield J. R. Crowe. 

Troy ... W. E. Griffin. 

Tuscumbia W. A. Vogely 

Tuskaloosa C. Mitchell. 

Uniontown J. H. White. 



SCHOOLMASTER'S RIGHT TO PUNISH, AND CRIM- 
INAL LIABILITY FOR ABUSE. 



State of Alabama, 

Department of Education, 

Montgomery. 

The following decision of the Supreme Court of Alabama 
is published, for the information and guidance of teachers 
and other public school officers. Let me call the attention 
of teachers especially to the opinion of the court. 

Jno. G. Harris, 
State Superintendent. 



SOMMERVILLE, J.— The defendant, a schoolmaster, 
being indicted, was convicted of an assault and battery on 
one Lee Crowder, a pupil in his school, who is shown to have 
been about eighteen years of age. The defense is, that the 
alleged battery was a reasonable chastisement inflicted by 
the master in just maintenance of discipline, and in punish- 
ment of conduct on the part of the pupil which tended to 
the subversion of good order in the school. 

The case involves a consideration of the proper rule of 
law prescribing the extent of the schoolmaster's authority to 
administer corporal corrections to the pupil. 

The principal is commonly stated to be, that the school- 
master, like the parent, and others in foro domestico, has the 
authority to moderately chastise pupils under his care — or, 
as stated by Chancellor Kent, " the right of inflicting mod- 
erate correction, under the exercise of a sound discretion." 
2 Kent's Com. *203-206. In other words, he may administer 
reasonable correction, which must not " exceed the bounds 



143 

of due moderation, either in the measure of it, or in the 
instrument made use of for the purpose." If he go beyond 
this extent, he becomes criminally liable, and, if death ensues 
from the brutal injuries inflicted, he may be liable for not 
only assault and battery, but to the penalties of manslaugh- 
ter, or even murder, according to the circumstances of the 
case.— 1 Archbold's Cr. Prac. *218; 1 Bish. Cr. Law (7th 
Ed.), §§ 881-2. 

This power of correction, vested by law in parents, is 
founded on their duty to maintain and educate their offspring. 
In support of that authority, they must have " a right to the 
exercise of such discipline as may be requisite for the dis- 
charge of their sacred trust." — 2 Kent's Com. *203. And 
his power, allowed by law to the parent over the person of 
the child, " may be delegated to a tutor or instructor, the 
better to accomplish the purpose of education." lb. *205 ; 
1 Black. Com. *507. 

The better doctrine of the adjudged cases, therefore, is, 
that the teacher is, within reasonable bounds, the substitute 
for the parent, exercising his delegated authority. He is 
vested with the power to administer moderate correction, 
with a proper instrument, in cases of misconduct, which 
ought to have some reference, to the character of the offense, 
the sex, age, size, and physical strength of the pupil. When 
the teacher keeps within the circumscribed sphere of his au- 
thority, the degree of correction must be left to his discretion ^ 
as it is to that of the parent, under like circumstances. With- 
in the limit, he has the authority to determine the gravity 
or heinousness of the offense, and to meet out to the offender 
the punishment which he thinks his conduct justly merits; 
and hence the parent or teacher is often said, pro hac vice, to 
exercise "judicial functions." 

All of the authorites agree, that he will not be permitted 
to deal brutally with his victim, so as to endanger life, limb, 
or health. He will not be permitted to inflict " cruel and 
merciless punishment." — Schouler's Horn. Rel. (4th Ed.), 
§ 244. He can not lawfully disfigure him, or perpetrate on 
his person any other permanent injury. As said by Gaston 
J., in State v. Pendergrass, 2 Dev. & Bat. Law, 3fi5 ; 31 Amer. 



144 

Dec. 410, a case generally approved by the weight of Amer- 
ican authority, " It may bo laid down as a general rule, that 
teachers exceed the limit of their authority, when they cause 
lasting mischief; but act within the limits of it, when they 
inflict temporary pain." 

There are some well considered authorities, which hold 
teachers and parents alike liable criminally, if, in the inflic- 
tion of chastisement, they act clearly without the exercise 
of reasonable judgment and discretion. The test which 
seems to be fixed by these cases is the general judgment of 
reasonable men. — Patterson v. Nutter, 78 Me. 509; 57 Amer. 
Rep. 818. The more correct view, however, and the one 
better sustained by authority, seems to be, that, when in the 
judgment of reasonable men, the punishment inflicted is im- 
moderate, or excessive, and a jury would be authorized 
from the facts of the case to infer that it was induced by 
le^al malice, or wickedness of motive, the limit of lawful 
authority may be adjudged to be passed. In determining 
this question, the nature of the instrument of correction used 
may have a strong bearing on the inquiry as to motive, or 
intention. The latter view is endorsed by Mr. Freeman, in 
his note to the case of State v. Pender grass, 31 Amer. Dec, 
419, as the more correct. "The qualification," he observes, 
" that the schoolmaster shall not act from malice, will pro- 
tect his pupils from outbursts of brutality, whilst, on the other 
hand, he is protected from liability for mere errors of judg- 
ment." Lander v. Seaver, 32 Vt. 114: 76 Amer. Dec. 156, 
and note pp. 164-167 ; State v. Alford, 68 N. C. 322; State v. 
Harris, 63 N. C. I. 

Judge Reeves, in his work on Domestic Relations indorses 
the same view, asserting that the parent and schoolmaster, 
in imposing chastisement for cause, must be considered as 
acting in a judicial capacity, and are not to be held legally 
responsible for errors of judgment, although the punishment 
may appear to the trial court or jury to be unreasonably 
severe, and not proportioned to the offense, provided they 
act "conscientiously and from motives of duty." "But,'' 
he says further, " when the punishment is, in their opinion, 
thus unreasonable, and it appears that the parent acted malo 



145 

animo — from wicked motives — under the influence of an un- 
social heart, he ought to be liable to damages. For error of 
opinion, he ought to be excused ; but for maiice of heart, he 
must not be shielded from the just claims of the child. 
Whether there was malice, may be collected from the circum- 
stances attending the punishment." — Reeves' Dom. Rel. 
(4th Ed.), 357-358. 

Dr. Wharton in his work on Criminal Law, thus states 
the principle : "The law confides to schoolmasters and 
teachers a discretionary power in the infliction of punish- 
ment upon their pupils, and will not hold them responsible, 
unless the punishment be such as to occasion permanent in- 
jury to the child, or be inflicted merely to gratify their own 
evil passions. The teacher must be governed, when chas- 
tisement is proper, as to the mode and severity of the pun- 
ishment, by the nature of the offense, the age, size, and 
apparent powers of endurance of the pupil. It is for the 
jury to decide whether the punishment is excessive." 
1 Whart. Cr. Law (9th Ed.), § 632. 

Mr. Bishop adds, pertinent to the same subject : " The 
law has provided no means whereby a parent, meditating 
chastisement, can first obtain a judicial opinion as to its 
necessity, the proper instruments, and its due extent. In 
reason, therefore, if he acts in good faith, prompted by pure 
parental love, without passion, and inflicts no permanent 
injury on the child, he should not be punished merely be- 
cause a jury, reviewing the case, do not deem that it was 
wise to proceed so far." — 1 Bish. Or. Law (7th Ed.),§ 882. 
See, also. Schouler's Dom. Rel. (4th Ed.), §244; I Black. 
Com. *556; 1 Greenl. Ev. § 97; 2 Addison on Torts 
(Wood's Ed.), §840; Danenhoffer v. State, 69 Ind. 295; 
Com. v. Randall, 4 Gray (Mass.) 36; State v. Burton, 
45 Wis. 150. 

To the foregoing authorities I may add, as a matter of lit- 
erary curiosity, rather than legal authority, the following 
views expressed on this subject by Dr. Samuel Johnson, to 
his biographer Boswell, as far back as 1772. Boswell was 
of counsel for a schoolmaster in Scotland who had been 
somewhat severe in his chastisement of one of his pupils, 



146 

and the case was pending on appeal from the Court of Ses- 
sions before the English House of Lords, on a proceeding to 
remove him from his office. The opinion of the most learned 
of literary philosophers having been solicited, he discoursed 
as follows : "The government of the schoolmaster is some- 
what of the nature of a military government — that is to say, 
it must be arbitrary ; it must be exercised by the will of one 
man, according to particular circumstances. A schoolmas- 
ter has a prescriptive right to beat, and an action of assault 
and battery can not be admitted against him, unless there 
be some great excess, some barbarity. In our schools in 
England many boys have been maimed, yet I never heard 
of an action against a schoolmaster on that account. Puf- 
fendorf, I think, maintains the right of a schoolmaster to 
beat his scholars. — BoswelPs Life of Johnson, vol. 2, 
pp. 89, 96. 

While, on the one hand, we should recognize that every 
child has rights which ought to be protected against the 
brutality of a cruel teacher, or barbarous parent, on the 
other, it is equally important not to paralyze that power of 
correction and discipline by the rod, given, as Blackstone 
asserts, " for the benefit of education," which has for ages 
been deemed necessary alike on the part of parents to pre- 
vent their children from becoming "the victims of bad 
habits, and thereby proving a nuisance to the community," 
and on the part of teachers to preserve that discipline of the 
schools, without which all efforts to promote the education 
of the present and future generations will prove a lament- 
able failure. — Reeves' Dom. Rel. 367. No regulation of the 
school room, any more than a law of the State, can be suc- 
cessfully enforced without the aid of coercive penalties. A 
law without a penalty is in practice a dead letter. Mod- 
erate chastisement is established by immemorial usage as 
the only available terror to vicious and incorrigible evil- 
doers, both in the homestead and the school room ; at least 
in cases where the more humane law of kindness and moral 
suasion has proved ineffectual. ''Foolishness," said Solo- 
mon, "is bound up in the heart of a child, but the rod of 
correction shall drive it far from him." "The rod and re- 



147 

proof give wisdom, but a child left to himself causeth shame 
to his mother." And again : "Train up a child in the way 
he should go, and even when he is old, he will not depart 
from it." These words are as true now as they were a hun- 
dred generations ago, when they were uttered by the wise 
man. This right of discipline with the rod, administered 
without malice or immoderation, has been well characterized 
as a part of the common law of the school-room. The more 
thoroughly the right is established, as experience in all dis- 
cipline shows, the less frequent will be the necessity of 
resorting to its exercise to enforce obedience to the lawful 
mandates of the parent, or of the schoolmaster. 

We have said this much in order that we may not be mis- 
understood in the conclusion reached by us, not to disturb 
the judgment of conviction in this case. We can not say, 
under the principles above stated, that the judge of the 
Criminal Court reached an erroneous conclusion, in adjudg- 
ing that the defendant exceeded his lawful authority, so as 
to render himself liable for an assault and battery. 

The statute organizing the Criminal Court of Pike county 
confers upon convicted parties the right of appeal to this 
court. But, where a jury is waived, and the judge tries the 
facts, the decision of the court upon the facts is, in legal 
effect, equivalent to the verdict of a jury, and, in the absence 
of statutory power, will not be reviewed by this court on 
appeal. — Bell v. State, 75 Ala. 25 ; Calloway v. The State, lb. 
37; Knowles v. The State, 80 Ala. 9; Wynn v. The State, 
87 Ala. 137. The statute under consideration confers no 
sueh jurisdiction on this court. — Acts 1888 89, pp. 631-634, 
§ 15. 

It is only where, upon the undisputed facts of the case, 
with all proper inferences deducible from such facts, a jury 
would not have been lawfully authorized to find the defend- 
ant guilty of the crime charged, that we will review and 
reverse the judgment of the lower court; in other words, 
where the whole question raised is reduced to one of law, 
and the verdict can not, as matter of law, be supported by 
any reasonable inferences from the evidence. This was the 
case of Skinner v. The State, 87 Ala. 105. 



148 

There was evidence in this case from which the inference 
of malice could have been deduced as influencing the con- 
duct of the defendant in his chastisement of young Crowder,. 
both as to his outbursts uf temper, and in the use of im- 
proper instruments of correction. Taking, as we must, every 
reasonable inference which the judge, acting as a jury, could 
have drawn from the evidence, we take as true, among 
others, the following facts : That, after the severe chastise- 
ment administered in the school-room, defendant followed 
Crowder into the school-yard, and struck him with "a limb 
or stick," and then "put his hands in his pocket, as if to 
draw a knife ;" that, although Crowder did not strike back, 
but only protested against and resisted castigation, and, after 
apologizing for the objectionable language imputed to him, 
asked permission to withdraw from the school, the defend- 
ant, after promising not to strike him, "afterwards struck 
him in the face three licks with his Jlst, and hit him several 
licks over the head with the butt end of the switch." From 
these blows, eye of the young man was "considerably swol- 
len," and was "closed for several , days." The attending 
physician testified, that there w r ere "marks on his head made 
by a stick, in his opinion." One witness asserts, that the 
defendant declared he "would conquer him (Crowder) or 
kill him." All the witnesses tor the State say, that the 
defendant was apparently very angry all the time, and was 
very much excited, and after he got through whipping 
Crowder he remarked, in an excited, angry voice, in the 
presence of the school, and others, that he "could whip any 
man in China Grove beat!" From this unseemly conduct 
on the part of one whose duty it was to seta good example 
of self-restraint and gentlemanly deportment to his pupils, 
there was ample room for the inference of legal malice, in 
connection with unreasonable and immoderate correction. 
Nor was the limb of a tree, of the size indicated by the evi- 
dence, nor a clinched fist applied in bruising the pupil's eye, 
after the manner of a prize-fighter, a proper instrument of 
correction to be used on such an occasion. 

The conviction must accordingly be sustained, without 
assuming any jurisdiction to review the correctness of the 
judge's finding on the facts. 
Affirmed. 



FORMS FOR TEACHERS AND OFFICERS. 



FORMS, 



[No. 1.] 

CERTIFICATE OF APPOINTMENT OF TOWNSHIP 
TRUSTEE OF PUBLIC SCHOOLS. 

The State of Alabama ) 

County.) 

189.. 

To Greeting : 

This certifies that you, the said was, on the day 

of , appointed to the office of township 

of public schools for township , range (or district ) 

and are, by virtue thereof, fully authorized and empowered to discharge all 
the duties of said office, and to exercise all the powers thereto belonging, 
according to law. 

Witness my hand, this day of A. D. 189. . 



Co. Supt. Ed'n. 

[No. 2.J 

NOTE GIVEN BY PURCHASER OF SCHOOL LANDS. 



year after date, we or either of us, promise to pa;y to the State 

of Alabama, for the use of township , range , in 

county, the sum of dollars, with interest from date at eight per 

cent, per annum, for the purchase of (specify legal subdivisions) 

of section sixteeen of said township. 

Witness our hands and seals, this day of A. D. 18. . 

[Seal.} 

[Seal.] 

[Seal.] 

Approved this 

day of 189.. 



Township Trustees Public Schools. 



152 

[No. 3.J 

CERTIFICATE OF PURCHASE OF SCHOOL LANDS. 
The State of Alabama, ) 
County. ) 

A.D.189.. 

The undersigned, Township Trustees of public schools in and for town- 
ship , range , in said county, hereby certify that on 

the A. D. 189 . . , they proceeded to sell at 

public outcry (all the preliminary requisites of the law in reference- to such 

sale> having been complied with (Lot No , being the the 

northeast quarter of northwest quarter of) section sixteen, in said township, 

containing acres ; and at said sale 

being the highest bidder, became the purchaser of said tract, and for the sum 

of dollars, for which he gave his . . several notes, 

each for dollars, with interest from date of said sale, 

with and as his sureties . 



Township Trustees Public Schools 



153 
[No. 4.] 

REPORT OF SALE OF SCHOOL LANDS. 



To. 



Superintendent of Education for the State of Alabama. 

The undersigned, Township Trustees of public schools in and for town- 
ship , range , county, Alabama, respect- 
fully represent and report that on the day of 189 . . , they 

proceeded to sell at public outcry (all the preliminary requisites of the law 

in reference to such sale having been complied with) Lot No , 

being their (the northeast quarter of northwest quarter of, as the case 

may be) section sixteen, in said township, containing 

acres ; that at said sale being the highest bidder, 

became the purchaser of said tract, at and for the sum of 

dollars (said sum being at or above the minimum price fixed on said tract), 

for which he gave his several notes, each for 

dollars, with interest from date of sale at eight per cent, per annum, with 

and 

as his sureties. That said paid in cash the sum of 

dollars. The undersigned retain the sum of 

dollars from such cash payment to defray the ex- 
penses of the survey and sale of said lands, and the balance, to-wit : 

dollars, together with said notes above described, 

is herewith enclosed. 

All of which is respectfully submitted. 

This day of 189 . 



Township Trustees Public Schools. 



154 

[No. 5.J 

BOND TO BE GIVEN BY TOWNSHIP TRUSTEES ABOUT 
TO SELL OR LEASE SCHOOL LANDS. 

The State of Alabama, \ 

j- Know all men by these presents : 
County. ) 



That we are held and firmly 

bound unto the State of Alabama in the sum of dollars, 

for the payment of which well and truly to be made, we bind ourselves and 
each of us, our and each of our heirs, executors and administrators, jointly 
and severally, firmly by these presents. Sealed with our seals, and dated 
this day of A. D. 1S9. . 

The condition of the above obligation is such that whereas, the above 

bound were, on the day of 189 .. , 

appointed Township Trustees of public schools, in and for township 

range in said county ; and whereas, the said 

as such township trustees of public schools, are about to sell (or 

lease) school lands of said township. 

Now if the said as such township trustees 

of public schools, shall discharge their duty faithfully, so long as they may 
continue in office, or continue to discharge any of such duties, then this ob- 
ligation to be void — otherwise to remain in full force. 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

.• [Seal.] 

[Seal.] 

Taken and approved this day of A. D. 1S9 . . 



Co. Sup't Education. 



155 
[No. 6.] 

LEASE OF SCHOOL LANDS. 

Thf State of Alabama, 

County. 

This agreement, made this day of A. D. 189 . . , 

between and 

township trustees of public schools in and for township 

range , in said county, and witnesseth, that in 

consideration of dollars, to be paid by said to 

the township trustees of public schools for said township, on the 

day of A. D. 189. ., and each year therealter 

during the continuance of the lease, for which the 6aid has 

given his several promissory notes payable as aforesaid, and bearing even 
date with this instrument, the said township trustees have granted, 
demised, leased, and to farm let, unto the said his repre- 
sentatives and assigns, section sixteen (or southeast quarter of southwest 
quarter of section sixteen, as the case may be), in said township, in said 

county and State ; to have and to hold unto the said his 

representatives and assigns, for the term of (not exceeding five) 

years, from the day of 189 . . The said 

agrees to deliver up the premises aforesaid with the appurtenances, on the 
last day of the term, or other earlier termination of the estate hereby 
granted, to the said township trustees or their successors in office. In 
witness whereof, the said parties have hereunto set their hands and seals 
the day and year above written. 

Attest : 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Township Trustees. 



156 

[No. 7.] 

ENUMERATION REPORT OF TOWNSHIP OF 

PUBLIC SCHOOLS. 

To , 

County Superintendent of Education of County. 

The undersigned, township of township , range , 

in county, hereby certifies that he has made a careful 

enumeration of the children between the ages of seven and twenty one 
years in said township, and finds the same to be as follows . 

Whites : Males ; Females ; Total 

Colored : Males ; Females ; Total 

Sworn to and subscribed before me, this ) 
day of 189.. J 



Township 

[Note. — To be made (in duplicate) during the month of August, 1891, 
and every two years thereafter, one copy to be forwarded to the County 
Superintendent of Education by the first day of September following, the 
other carefully preserved by the township trustees. 



157 

[No. 8.] 

Grade. 

TEACHER'S LICENSE. 
The State of Alabama, ) Granted and issued day of 

County . j 1S9 . . 

This certifies that has been duly 

examined according to law by the Examining Board of said county, and 
upon said examination attained the grade set opposite each subject upon 
which examined, as follows, to-wit : 



Names of Branches of Examination. 



Grade in Each. 



Orthography 

Reading 

Penmanship 

Arithmetic 

Geography 

History 

English Grammar 

Algebra 

Physiology and Hygiene 

Natural Philosophy 

Geometry 

Theory and Practice of Teaching. . . 



Total average grade 



And the said having answered in 

writing correctly per cent, of the written questions propounded, 

and being found to be of good moral character, a Grade 

license authorizing the holder to teach in the public schools of said county 

for year from date of issuance, subject to cancellation 

as provided by law, is hereby granted and issued by order of the Board, 
this the day of 189 . . 

President. 



Secretary. 



158 
[No. 9.] 

SCHOOL CONTRACT— (in duplicate). 

The State of Alabama, ) 

County. ) 

This agreement, made this day of A. D. 189. . 

between teacher and 

township of public schools in and for township 

range (or other school district), in said county — Witnesseth: that 

the said agrees to teach a public school 

for the race in said township, for the 

term of scholastic months, beginning on the day of 

A. D. 189 . . The said 

further engages to exert the utmost of his ability in conducting said school 
and improving the education and morals of the pupils ; to keep such regis- 
ter and make such reports to the township and 

county superintendent of education as may be required ot him, and in all 
respects to conform to the requirements of law. In consideration of these 

services properly rendered, the said township . 

of public schools, agreeing that the county superintendent of education of 

said county shall pay the said . . .' dollars per month from 

the school fund apportioned to said district for the scholastic year ending 
September 30, 189 . The payments to be made quarterly as prescribed by 
law ; Provided, however, That there shall be in said school, a daily attend- 
ance of not less than ten nor more than fitty pupils within the educational 
age. 



Teacher. 



Township Public Schools. 

Approved this 

day of 189 



County Sup't Education. 



3 59 
[No. 10.] 

CONTRACT FOR TRANSFERRED PUPILS. 
The State of Alabama, ) 

County. ) 

This Agreement, made this day of. A. D. 1S9 . . , 

between ... Teacher and 

Tow nship Trustees of Public Schools in and for township 

range (or other school district) in said county — 

Witnesseth : That whereas, the said has 

agreed to teach a .grade public school for the 

race in township range 

for the term of scholastic months, beginning 

on the day of 189. . 

The said having further engaged 

to exert the utmost of his ability in conducting said school, and improving 
the education and morals of the pupils ; to keep such register and make 
such reports to the township trustees and county superintendent of educa- 
tion as may be required of him ; and in all respects to conform to the re- 
quirements of law. In consideration of these services properly rendered, 

the said township trustees of public schools of said township 

range , agrees that the county superintendent of education of 

said county shall pay the said for transfers 

dollars per month from the school fund 

apportioned to said race in said township or district, for the scholastic year 
ending September 30th, 189. . , the payments to be made quarterly as pre- 
scribed by law ; Provided, however, that there shall be in 6aid school a 
daily attendance of not less than ten, nor more than fifty pupils within the 
educational age. 



Teacher. 



Township 

Approved day of 189 . 



County Sup't of Education. 



[No. 11.] 

Teacher's Register (White or Colored) Public School No 



T 



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v. 



BRANCHES. 



> 



FIRST WEEK. 



2* 



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SECOND WEEK. 



C/3 



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Range 




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U. S. History. | ; 




Grammar | 


Arithmetic . . . | 




Physiology and 
Hygiene . 




3« 


Geography.. . | ; 


Pi 


Writing. ; ; ; 


O 


Reading ; ; ; 


Orthography. . j ; ; 


Average age of pupils. | 


Average daily attend- 
ance 




No. absent less than 
ten days .... 




No. who only attended 1 . 
ten days or less 


Whole No. enrolled, 
including transfers. 





■3 S £ 



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Remarks 



Number of teachers' institutes held during 
the year 



Number 

tees. 



ol 



visits by township trus- 



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Commissions paid Co. 
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Sup't 



Amount paid teachers from the 
township 



Amount poll tax reported for 
the township 



Balance to credit of township at 
close of the present year 



Balance due the township at 
close of previous year. . 



Range 



1'ownship 



by Co. Sup't of Education to 
om township opposite his name. 



Monthly pay of teachers 



Number of days taught 



a < 

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Third Grade 



Second Grade 



First Grade 



U. S. History 



Grammar 



Arithmetic 



Physiology and Hygiene. 



Geography . 



Writing 



Reading 



Pupils in Orthography 



Dailv Average 



No. absent less than 10 days 



No. at ending 10 days or less. 



No. pupils enrolled 

Range 

Township 



[162] 





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[163] 



[No. 15.] 



County Superintendent's Ledger Account with the School Fund 

of his County. 



A. B., County Superintendent of Education of County. 

DR. CR. 

18.... 18.... 



Dec 



To amount on war- 
rants. 

1st quarter. 
2nd " 
3rd " 
4th 



Jan. 



By receipts on pay roll 

1st. quarter. 
By am't to Teachers. . 
Commissions 

Salary 

2nd quarter. 
By am't to Teachers . . 
Commissions 

Salary 

3d quarter. 
By am't to Teachers. . 
Commissions 

Salary 

4th quarter. 
By am't to Teachers . . 
Commissions 
Salary 



By balance in hand . 



[164] 



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[166] 



INDEX. 



SEC. PAGE, 

Agricultural and Mechanical College. — Const. Art. XIII, 

§§ 9, 10 4 

Apportionment of school fund .950, 1009 10, 32 

Apportionment certified to Auditor _ 1006 30 

Appeal from decision of Township Trustees 970 20 

Auditor certifies^amount of fund 1004 29 

Anniston, fschool law 102 

Attorney-General,* opinions of 132 

Attalla, school district 105 

B 

Bond of Superintendent of Education 947 8 

County Superintendent 956 14 

Township Trustees 980 22 

Birmingham, school law 55 



'County Superintendent — 

How appointed 954 13 

Terms of office 955 14 

Oath of office and bond 956, 957, 958 14 

Compensation 959 14 

Duties 960 15 

Report, when filed 961 17 

Penalty for failure to make report 963 17 

Vacancies, how filled 964 17 

Commissioners audit accounts of 962 17 

Certificates, grades of for teachers 983, 984 23 

Contingent expenses 1005 29 

fund 1021 36 

Compensation of Township Trustees 1 048 43 

Compromise of claims for school lands. — Art. IV 45 

Cullman, school law 7^ 

Colored students Normal school 122 

Congressional Institutes 11 



168 

D 



SEC. PAGE. 

Decatur, school law 72 

District Superintendents list of 140 

E 

Examination of Teachers 984 24 

in public schools 1002 29 

Educational Board 989 26 

duties of 991 26 

keep register of licenses 992 27 

must organize Teachers Institutes 995 27 

Eufaula, school law 64 

Embezzlement by County Superintendent 139 

misappropriating bchool money 139 

Funds unused, how apportioned 1013 36 

Florence, school law 101 

State Normal School 110 

Forms for teachers and officers 151 



General Assembly to provide public schools. — Const. Art. 

XIII §1 3 

Gadsden, school law 90 



II 



Huntsville, school law 62 

Normal School for colored teachees 125 

Harris, Supt., letter of, concerning Supreme Court decision 142. 

I 

Institutes — 

By whom organized 995 27' 

Officers and members of 996 27 

Congressional 11 

Interest on 10th section fund 1007 30 

J 

Jacksonville Normal School 113 



169 

L 



SEC. PAGE. 

Local school money 1016 35 

Lands, for use of schools 1023 38 

lease of 1025 et seq 38 

sale of 1033 et seq 40 

swamp and overflowed 48 

Lafayette, school law 99 

Livingston Normal School 116 

M 

Mobile county, exemptions applying to. — Const. Art. XIII 

§ 11 5 

school law 51 

Montgomery, school law 57 

N 

Normal School, Florence 110 

Jacksonville 113 

Livingston 116 

Troy 119 

for colored students, Montgomery , 122 

teachers, Huntsville 125 

O 

Officers, three classes 945 8 

Opelika, school law 81 

Opinions of Attorney- General 132 

Overpayment of teachers 134 

P 

Public School Fund. Const. Art. XIII., §§ 2, 3, 4, 5 and 6 3 
What expended for Teachers. 

Const. Art. XIII., $7 4 

May not be expended for sectarian 

schools.— Const. Art. XIII, § 8 4 

Appropriations in support of 943 6 

When they accrue. . 944 7 

Dog license to be applied to 7 

Pupils. Age of entitled to be taught 1000 28 

Pay-rolls. 1012 et seq. 32 

Poll-tax, vide also opinions of Attorney-General 1010. 1011 34 

Phoenix City, school law 78 

Prattville, school law 85 

Punish, teachers right, to 142 



170 

R 

SEC. PAGE. 

Report of Superintendent 951 12 

How distributed 952 13 

S 

State University. Const. Art XIII, § 9, 10 4 

Superintendent of Education — 

Commission, term of office and salary 946 8 

Oath of office and bond 947 8 

Office and books, papers and records 948 9 

Clerks and their salaries 949 9 

Duties of 950 9 

Apportions school fund 950 9 

Certifies apportionment to Auditor 1006 30 

Reports to Governor 951 12 

Vacancy in office, how filled 953 13 

School districts, establishment and supervision 999 28 

Year 1001 28 

Separate for two races 1003 29 

School lands, lease of 1025 et seq. 38 

sale of 1033 et seq. 40 

School lands, compromise of claims for, Chap 5, Art. IV . . 45 

Swamp and overflowed lands 48 

Selma school law 60 

Sheffield school law 97 

Separate school districts 128 

School lands, indemnity 49 

Somerville, J., opinion of 142 

T 

Teacher, qualifications of 984 24 

right to punish pupil 142 

Township trustees 138 

How appointed 965 18 

Duties of §§ 966, 967, 968, 969, 976, 977, 978, 

979, 980, 981 18 

Opinion of Attorney-General 138 

Township school, location of 971, 972 20 

Timber sales, proceeds of 132 

Teachers — 

Contracts with in Townships 974, 975 21 

Certificates, three grades of 983 23 

Examinations of 984 24 

Quarterly report of 987 25 

When paid 988 26 



171 

SEC. PAGE. 

Trust fund, how apportioned 1017 36 

Tuskaloosa, school law 65 

Troy, school law 68 

Tuscumbia, school law 86 

Troy Normal School , 119 

U 

University, State.— Const. Art, XIII §§ 9, 10 4 

Uniontown, school law $3 



. 



